BETA


2005/0028(COD) Spirit drinks: definition, description, presentation, labelling and the protection of geographical indications

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ENVI SCHNELLHARDT Horst (icon: PPE-DE PPE-DE)
Committee Opinion AGRI BUSK Niels (icon: ALDE ALDE)
Committee Opinion IMCO TITLEY Gary (icon: PSE PSE)
Committee Legal Basis Opinion JURI SPERONI Francesco Enrico (icon: NA NA)
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 095

Events

2008/02/13
   Final act published in Official Journal
Details

PURPOSE: to establish new rules on spirit drinks.

LEGISLATIVE ACT : Regulation (EC) N° 110/2008 of the European parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) N° 1576/89.

CONTENT: the Council adopted, by qualified majority, this Regulation on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks. The Polish and Swedish delegations voted against and the Lithuanian delegation abstained.

The aims of the Regulation are:

to clarify the current rules on the production and marketing of spirit drinks, adapting them to new technical requirements (manufacturing requirements, permitted colourings and flavourings, names and labelling); to specify the numerous categories and geographical indications for the manufacture and/or denomination of typical drinks from many countries, such as aquavit, brandy, fruit spirit (kirsch), genever, grappa, gin, jagertee, kummel, ouzo, pastis, rum, vodka, whisky and slivovitz; to adapt Community legislation to take account of the latest enlargements and the requirements of the World Trade Organisation (WTO), including Trade-Related Aspects of Intellectual Property Rights (TRIPS); to define the criteria for the future recognition of new geographical indications.

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

In exceptional cases where the law of an importing third country so requires, the Regulation allows for a derogation to be granted from the provisions of Annexes I and II in accordance with the regulatory procedure with scrutiny.

ENTRY INTO FORCE: 20/02/2008.

APPLICATION: 20/05/2008.

2008/01/15
   CSL - Draft final act
Documents
2008/01/15
   CSL - Final act signed
2008/01/15
   EP - End of procedure in Parliament
2007/12/17
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2007/12/17
   CSL - Council Meeting
2007/07/18
   EC - Commission response to text adopted in plenary
Documents
2007/06/19
   EP - Results of vote in Parliament
2007/06/19
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted the resolution drafted by Horst SCHNELLHARDT (EPP-ED, D), and made some amendments to the Commission’s proposal. The amendments were the result of a compromise between Parliament and Council, and the compromise was supported in plenary. The resolution was adopted by 522 votes for, 148 against and 15 abstentions. The key issues were the definition of vodka and whiskey names.

Vodka: MEPs settled on a definition of vodka that would allow the drink to be produced from any agricultural material, such as grapes, rice or any other agricultural product provided that they are appropriately labelled. The Environment Committee's position had suggested that traditional vodka only be made from grain, potatoes or sugar beet molasses. (Please see the summary of 30/01/2007.) Vodkas made from other raw materials would have had to clearly indicate what they were made from, with a large label on the bottle (2/3 of the size of the word 'Vodka' on the label. The approach adopted in plenary states that traditional vodka may only be made from grain or potatoes (not molasses), and other raw materials may only be used if they are clearly indicated on the label. Vodkas made from other agricultural raw materials will have to carry the wording ‘produced from. ’ The size of this label, however, would not be specified. Some MEPs from traditional vodka-producing Member States (Denmark, Estonia, Finland, Latvia, Lithuania, Poland, and Sweden) would have preferred to allow the term 'vodka' only to be applied to spirits made from grain, potatoes and molasses, but their amendments failed to garner enough support among MEPs.

Whiskey: the plenary agreed with the decision of the Environment Committee on this issue. The House voted for existing geographical names to remain valid. These may be supplemented by additional descriptions provided they are regulated at national or regional level or are included in the technical specifications, such as "single malt" and/or "Highland" for Scotch whisky. Applications for geographical designations must justified by the Member State of origin. Certain MEPs had argued for equal treatment for vodka and whisky, stating that it was unacceptable that vodka was an open trademark whereas there are a number of restrictions for other registered trademarks such as whisky, champagne and cognac. However, this was rejected on the grounds that, in the case of vodka, the raw material used does not affect the quality of the product.

Spirit drinks: the Commission's proposal had originally suggested establishing three categories of spirit drinks, which the Environment Committee rejected, arguing for a single category of 'spirit drinks'. This single category was maintained in the compromise with the Council.

Flavourings: the plenary agreed with the Environment Committee and felt that flavourings should be banned for some spirits (such as rum, whisky, cereals-based spirits and wine, brandy ) except for the addition of caramel as a colouring substance. Other spirits might contain additions of alcohol (only of agricultural origin), of colouring substances, sweeteners and flavourings.

Comitology: the regulatory procedure with scrutiny will apply to certain aspects of the Regulation, such as the amendment of the Annexes, the establishment of a Community symbol for geographical indications for the spirit drinks sector, and to resolve specific practical problems, such as by making it obligatory, in certain cases, to state the place of manufacture on the labelling to avoid misleading the consumer and to maintain and develop Community reference methods for the analysis of spirit drinks.

Entry into force : although the Environment Committee had argued for a two-year transitional period, Parliament decided that the legislation will apply three months after the entry into force of the regulation. To facilitate the transition from the rules provided for in Regulation (EEC) No 1576/89, the production of spirit drinks under that Regulation will be permitted during the first year of application of the Regulation. The marketing of existing stocks is also be foreseen until their exhaustion.

Documents
2007/06/18
   EP - Debate in Parliament
2007/04/16
   CSL - Debate in Council
Documents
2007/04/16
   CSL - Council Meeting
2007/02/12
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2007/02/12
   EP - Committee report tabled for plenary, 1st reading
Documents
2007/01/30
   EP - Vote in committee, 1st reading
Details

In adopting the report drafted by Mr Horst SCHNELLHARDT (EPP-ED, D), the Committee on the Environment, Public Health and Food Safety amended, in first reading of the codecision procedure, the proposal for a Regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks.

The main amendments adopted are the following:

- the definition of 'spirit drinks' (having a minimum alcoholic strength of 15 % vol.) must not relate only to this regulation, but must also apply generally to all foodstuffs. In addition, it is proposed to remove the reference to the maximum limit proposed by the Commission (80% vol.) which would have excluded many spirit drinks (for example whisky and rum);

- an amendment was adopted in order to provide a clarification in the text regarding the nature of the liquid used for the maceration process;

- the report rejects the Commission’s proposal which involved the classification of drinks in three categories (A: spirits; B: specific spirit drinks, and C: other spirit drinks) because it seeks to ensure that the quality of all spirit drinks is maintained;

- Members want to protect traditional methods and thus guarantee the quality of products. For this reason, a general authorisation for ethyl alcohol to be added or for flavourings to be added should therefore be rejected, irrespective of whether natural or nature-identical flavourings are used. The current ban on adding distillate of agricultural origin is tried and tested, and should be retained in order to guarantee a top quality product;

- in regard to the origin of ethyl alcohol, the Committee wants to better define the limits by specifying that ethyl alcohol used for the preparation of spirit drinks and all of their components shall not be of any origin other than agricultural and shall have been obtained in accordance with Annex I to the Treaty;

- according to the Committee, products comprising ethyl alcohol and a denaturant, irrespective of the ethyl alcohol concentration, shall be classified under the EU customs nomenclature as 'ethyl alcohol and other spirits, denatured, of any strength' and may not be used for the production of spirit drinks;

- the general possibility for Member States to adopt rules must be restricted in the interests of the proper functioning of the internal market, and should only apply in relation to issues of quality;

- an amendment adopted in Committee provides that the name ‘vodka’ should designate a spirit drink produced from ethyl alcohol of agricultural origin, obtained following fermentation with yeast, from either a) cereals, potatoes and/or molasses; or, b) other agricultural raw materials. The description, presentation or labelling of vodka not produced from potatoes, cereals or molasses should bear, in the same visual field as the sales denomination, the indication 'produced from...', supplemented by the raw material utilised to produce the ethyl alcohol of agricultural origin; if the spirit drink vodka consists of ethyl alcohol produced from two or more products of agricultural origin, it shall bear the name 'blended vodka';

- in regard to specific rules concerning trade descriptions, two new points were added: the first permits geographical indications listed in Annex III to be accompanied by additional particulars provided that these are i) regulated by the national or regional authorities in the Member States, or ii) according to the relevant technical file (e.g. 'single malt' and/or 'Highland' for Scotch whisky). The second permits the names of spirit drinks listed in Annex II to be supplemented by geographical indications other than those in Annex III, provided that they do not mislead consumers;

- as far as the mixing of spirit drinks is concerned, Members believe that the use of known names or geographical indications, or the allusion thereto in a compound term shall only be permitted if the alcohol originates 100% from the spirit drink referred to in the compound term. The use of such compound terms shall also be prohibited where a spirit drink has been diluted with water in such a way that the alcoholic strength is less than the minimum strength laid down in the definition of that spirit drink;

- save where an exception is made, the age may be indicated only where it refers to the youngest of the alcoholic components and provided that the product was aged under revenue supervision or supervision affording equivalent guarantees ;

- an amendment specifies that applications for geographical indications must be substantiated, by the Member State of origin. As regards geographical indications for spirit drinks originating in the Community, the application shall be submitted via the Member State in which the spirit drink is produced. As regards geographical indications for spirit drinks originating in third countries, the application shall either be sent direct to the Commission or submitted via the competent authorities in the third country. The application must include proof that the name is in fact protected in the country of origin;

- Member States may also require spirit drinks produced on their territory which are listed in Annex III and exported to be supported by a system of authentication documentation;

- the deadline for lodging objections to the registration of geographical indications should be extended to six months following the date of publication. It must be possible to make provision to end the registration of a traditional product through a regular procedure;

- geographical indications protected under the regulation in force shall continue to be valid. No re-application shall be made or re-examination carried out;

- the Commission shall, in consultation with Member States, ensure that this Regulation is applied in a uniform way;

- the Commission shall be assisted by the Regulatory Committee (and not a Management Committee) for Spirit Drinks;

- in the case of transitional measures, a maximum period of two years should be established.

Amendments were also made to the Annexes with a view, in particular, to: ensuring that the addition of sweeteners is indicated on the label in order to improve information to consumers; ensuring the definition of 'description' is as wide as possible, including terms used not only on labels but also packaging and presentation; permitting the use of authenticity indicators in order to prevent falsification and unauthorised imitation.

The report also specifies that Member States should be able to adopt rules stricter than or additional to those laid down in this Regulation on the production, description, presentation and particular labelling of spirit drinks produced in their territory , provided that such rules are designed to pursue a specific quality policy, are compatible with Community law and relate to spirit drinks with a geographical indication.

2007/01/29
   EP - Committee draft report
Documents
2006/12/12
   EP - Committee opinion
Documents
2006/12/12
   EP - Amendments tabled in committee
Documents
2006/10/26
   ESC - Economic and Social Committee: opinion, report
Documents
2006/10/24
   CSL - Debate in Council
Details

The Presidency noted that a broad majority within the Council could support the general approach on the proposal for a Regulation on the definition, description, presentation and labelling of spirit drinks, as a preliminary basis for discussions with the European Parliament.

The Council noted the views expressed by delegations and the intention of the Presidency to keep the Special Committee on Agriculture fully informed and updated on its discussions with the European Parliament, as well as to return to the legal and WTO aspects of this file.

The aim of the Finnish Presidency is to make as much progress as possible on this proposal towards reaching a political agreement with the European Parliament at first reading.

Documents
2006/10/24
   CSL - Council Meeting
2006/10/11
   EP - Committee opinion
Documents
2006/10/04
   EP - Committee opinion
Documents
2006/07/06
   EP - Referral to associated committees announced in Parliament
2006/06/21
   EP - SPERONI Francesco Enrico (NA) appointed as rapporteur in JURI
2006/02/21
   EP - SCHNELLHARDT Horst (PPE-DE) appointed as rapporteur in ENVI
2006/02/21
   EP - TITLEY Gary (PSE) appointed as rapporteur in IMCO
2006/01/26
   EP - BUSK Niels (ALDE) appointed as rapporteur in AGRI
2006/01/17
   EP - Committee referral announced in Parliament, 1st reading
2005/12/15
   EC - Legislative proposal
Details

PURPOSE : to update the EU spirit drinks legislation.

PROPOSED ACT : Regulation of the European Parliament and of the Council.

CONTENT : Council Regulation 1576/89/EEC of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks and Commission Regulation 1014/90/EEC of 24 April 1990 laying down detailed implementing rules on the definition, description and presentation of spirit drinks have proved successful in regulating the spirit drinks sector. However, in the light of recent experience it is necessary to clarify the rules applicable to the definition, description, presentation and protection of certain spirit drinks. Regulation 1576/89/EC should therefore be repealed and replaced by a new Regulation.

This proposal aims in particular to update the EU spirit drinks legislation. Based on existing EU legislation on spirit drinks, it largely enhances applicability, readability and clarity, by adapting the regulations to new technical requirements. The draft includes a well defined policy for spirit drinks based on three product categories rooted in the current product definitions. TRIPS and WTO requirements are included to safeguard the protection of EU geographical indications on the world market.

Spirit drinks are classified in three categories according to well-defined criteria of production and labelling: spirits, specific spirit drinks and other spirit drinks. The definitions continue to respect the traditional quality practices but are updated where previous definitions were lacking or insufficient or where such definitions may be improved in the light of technological development.

The main aspects which guided the draft of this regulation are the following:

- enhance applicability, readability and clearness of the regulation based on the present legislation on spirit drinks;

- combine the two spirit drinks regulations into one regulation;

- introduce a well defined policy for spirit drinks based on three product categories rooted in the present definitions of products;

- introduce flexibility by shifting the competence to amend Annexes from the present co-decision procedure of European Parliament and Council to the Commission supported by the Management Committee on Spirit Drinks;

- adaptation of the regulations to new technical requirements;

- adaptation of the regulations to WTO requirements, including TRIPs;

- definition of criteria guiding recognition of new geographical indications.

2005/12/14
   EC - Legislative proposal published
Details

PURPOSE : to update the EU spirit drinks legislation.

PROPOSED ACT : Regulation of the European Parliament and of the Council.

CONTENT : Council Regulation 1576/89/EEC of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks and Commission Regulation 1014/90/EEC of 24 April 1990 laying down detailed implementing rules on the definition, description and presentation of spirit drinks have proved successful in regulating the spirit drinks sector. However, in the light of recent experience it is necessary to clarify the rules applicable to the definition, description, presentation and protection of certain spirit drinks. Regulation 1576/89/EC should therefore be repealed and replaced by a new Regulation.

This proposal aims in particular to update the EU spirit drinks legislation. Based on existing EU legislation on spirit drinks, it largely enhances applicability, readability and clarity, by adapting the regulations to new technical requirements. The draft includes a well defined policy for spirit drinks based on three product categories rooted in the current product definitions. TRIPS and WTO requirements are included to safeguard the protection of EU geographical indications on the world market.

Spirit drinks are classified in three categories according to well-defined criteria of production and labelling: spirits, specific spirit drinks and other spirit drinks. The definitions continue to respect the traditional quality practices but are updated where previous definitions were lacking or insufficient or where such definitions may be improved in the light of technological development.

The main aspects which guided the draft of this regulation are the following:

- enhance applicability, readability and clearness of the regulation based on the present legislation on spirit drinks;

- combine the two spirit drinks regulations into one regulation;

- introduce a well defined policy for spirit drinks based on three product categories rooted in the present definitions of products;

- introduce flexibility by shifting the competence to amend Annexes from the present co-decision procedure of European Parliament and Council to the Commission supported by the Management Committee on Spirit Drinks;

- adaptation of the regulations to new technical requirements;

- adaptation of the regulations to WTO requirements, including TRIPs;

- definition of criteria guiding recognition of new geographical indications.

Documents

Activities

Votes

Rapport Schnellhardt A6-0035/2007 - am. 145 #

2007/06/19 Outcome: +: 522, -: 148, 0: 15
DE GB IT ES RO FR NL EL BE AT PT BG DK SE IE MT SI CY LU CZ ?? FI LT EE HU LV SK PL
Total
91
71
57
45
35
63
26
20
19
17
20
17
14
16
11
5
5
4
6
22
1
13
12
3
19
9
12
52
icon: PSE PSE
183

Ireland PSE

1

Slovenia PSE

For (1)

1

Luxembourg PSE

Against (1)

1

Czechia PSE

2

PSE

1

Finland PSE

2

Lithuania PSE

Against (1)

1

Estonia PSE

Against (1)

1

Slovakia PSE

Abstain (1)

2
icon: PPE-DE PPE-DE
243

Denmark PPE-DE

For (1)

1

Ireland PPE-DE

3

Malta PPE-DE

2

Slovenia PPE-DE

For (1)

Abstain (1)

2

Cyprus PPE-DE

Against (1)

1

Luxembourg PPE-DE

Against (1)

3
4

Lithuania PPE-DE

2

Estonia PPE-DE

Against (1)

1

Latvia PPE-DE

3
icon: ALDE ALDE
91

Austria ALDE

1

Sweden ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

2

Cyprus ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

Against (1)

1
2

Latvia ALDE

1
icon: Verts/ALE Verts/ALE
39

United Kingdom Verts/ALE

5

Italy Verts/ALE

2

Spain Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Sweden Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Latvia Verts/ALE

Abstain (1)

1
icon: GUE/NGL GUE/NGL
35

United Kingdom GUE/NGL

1

France GUE/NGL

2

Netherlands GUE/NGL

2

Greece GUE/NGL

2

Portugal GUE/NGL

2

Denmark GUE/NGL

1

Sweden GUE/NGL

2

Ireland GUE/NGL

1

Cyprus GUE/NGL

2

Finland GUE/NGL

Abstain (1)

1
icon: ITS ITS
21

United Kingdom ITS

Abstain (1)

1

Italy ITS

For (1)

1

Austria ITS

For (1)

1
icon: NI NI
10

United Kingdom NI

Abstain (1)

3

Czechia NI

1

Slovakia NI

2
2
icon: IND/DEM IND/DEM
22

Netherlands IND/DEM

2

Greece IND/DEM

1

Denmark IND/DEM

1

Sweden IND/DEM

2

Ireland IND/DEM

For (1)

1

Czechia IND/DEM

Against (1)

1

Poland IND/DEM

3
icon: UEN UEN
41

Denmark UEN

For (1)

1

Lithuania UEN

2

Rapport Schnellhardt A6-0035/2007 - am. 144 #

2007/06/19 Outcome: +: 656, -: 16, 0: 5
DE FR IT GB PL ES RO NL CZ EL HU PT BE BG AT DK FI SK LT SE IE LV LU SI MT CY EE ??
Total
89
63
57
70
51
46
34
25
22
20
19
19
17
18
16
14
13
12
11
16
11
9
6
5
5
4
4
1
icon: PPE-DE PPE-DE
243

Denmark PPE-DE

For (1)

1

Lithuania PPE-DE

1

Ireland PPE-DE

3

Luxembourg PPE-DE

3

Slovenia PPE-DE

2

Malta PPE-DE

2

Cyprus PPE-DE

1

Estonia PPE-DE

For (1)

1
icon: PSE PSE
175

Czechia PSE

2

Finland PSE

2

Slovakia PSE

2

Lithuania PSE

For (1)

1

Ireland PSE

1

Luxembourg PSE

For (1)

1

Slovenia PSE

For (1)

1

Estonia PSE

2

PSE

1
icon: ALDE ALDE
91
2

Austria ALDE

1

Sweden ALDE

2

Ireland ALDE

For (1)

1

Latvia ALDE

1

Luxembourg ALDE

For (1)

1

Slovenia ALDE

2

Cyprus ALDE

For (1)

1

Estonia ALDE

For (1)

1
icon: UEN UEN
41

Denmark UEN

For (1)

1

Lithuania UEN

2
icon: Verts/ALE Verts/ALE
40

Italy Verts/ALE

2

United Kingdom Verts/ALE

5

Spain Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

2

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Sweden Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
35

France GUE/NGL

2

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

2

Greece GUE/NGL

2

Portugal GUE/NGL

2

Denmark GUE/NGL

1

Finland GUE/NGL

For (1)

1

Sweden GUE/NGL

Abstain (1)

2

Ireland GUE/NGL

1

Cyprus GUE/NGL

2
icon: ITS ITS
20

Italy ITS

For (1)

1

United Kingdom ITS

Abstain (1)

1

Belgium ITS

2

Austria ITS

For (1)

1
icon: NI NI
10

Italy NI

For (1)

2

United Kingdom NI

Abstain (1)

3

Czechia NI

1

Slovakia NI

2
icon: IND/DEM IND/DEM
22

Netherlands IND/DEM

2

Czechia IND/DEM

1

Greece IND/DEM

1

Denmark IND/DEM

1

Sweden IND/DEM

2

Ireland IND/DEM

For (1)

1

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2006-10-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE376.566&secondRef=02 title: PE376.566 committee: IMCO type: Committee opinion body: EP
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  • date: 2006-12-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE382.435&secondRef=01 title: PE382.435 committee: JURI type: Committee opinion body: EP
  • date: 2006-12-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE378.844 title: PE378.844 type: Amendments tabled in committee body: EP
  • date: 2007-01-29T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE374.473 title: PE374.473 type: Committee draft report body: EP
  • date: 2007-02-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-35&language=EN title: A6-0035/2007 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2007-07-18T00:00:00 docs: url: /oeil/spdoc.do?i=13276&j=0&l=en title: SP(2007)3798/2 type: Commission response to text adopted in plenary
  • date: 2008-01-15T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03631/2007/LEX type: Draft final act body: CSL
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  • date: 2005-12-15T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0125/COM_COM(2005)0125_EN.pdf title: COM(2005)0125 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=125 title: EUR-Lex summary: PURPOSE : to update the EU spirit drinks legislation. PROPOSED ACT : Regulation of the European Parliament and of the Council. CONTENT : Council Regulation 1576/89/EEC of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks and Commission Regulation 1014/90/EEC of 24 April 1990 laying down detailed implementing rules on the definition, description and presentation of spirit drinks have proved successful in regulating the spirit drinks sector. However, in the light of recent experience it is necessary to clarify the rules applicable to the definition, description, presentation and protection of certain spirit drinks. Regulation 1576/89/EC should therefore be repealed and replaced by a new Regulation. This proposal aims in particular to update the EU spirit drinks legislation. Based on existing EU legislation on spirit drinks, it largely enhances applicability, readability and clarity, by adapting the regulations to new technical requirements. The draft includes a well defined policy for spirit drinks based on three product categories rooted in the current product definitions. TRIPS and WTO requirements are included to safeguard the protection of EU geographical indications on the world market. Spirit drinks are classified in three categories according to well-defined criteria of production and labelling: spirits, specific spirit drinks and other spirit drinks. The definitions continue to respect the traditional quality practices but are updated where previous definitions were lacking or insufficient or where such definitions may be improved in the light of technological development. The main aspects which guided the draft of this regulation are the following: - enhance applicability, readability and clearness of the regulation based on the present legislation on spirit drinks; - combine the two spirit drinks regulations into one regulation; - introduce a well defined policy for spirit drinks based on three product categories rooted in the present definitions of products; - introduce flexibility by shifting the competence to amend Annexes from the present co-decision procedure of European Parliament and Council to the Commission supported by the Management Committee on Spirit Drinks; - adaptation of the regulations to new technical requirements; - adaptation of the regulations to WTO requirements, including TRIPs; - definition of criteria guiding recognition of new geographical indications.
  • date: 2006-01-17T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2006-07-06T00:00:00 type: Referral to associated committees announced in Parliament body: EP
  • date: 2006-10-24T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2758*&MEET_DATE=24/10/2006 title: 2758 summary: The Presidency noted that a broad majority within the Council could support the general approach on the proposal for a Regulation on the definition, description, presentation and labelling of spirit drinks, as a preliminary basis for discussions with the European Parliament. The Council noted the views expressed by delegations and the intention of the Presidency to keep the Special Committee on Agriculture fully informed and updated on its discussions with the European Parliament, as well as to return to the legal and WTO aspects of this file. The aim of the Finnish Presidency is to make as much progress as possible on this proposal towards reaching a political agreement with the European Parliament at first reading.
  • date: 2007-01-30T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: In adopting the report drafted by Mr Horst SCHNELLHARDT (EPP-ED, D), the Committee on the Environment, Public Health and Food Safety amended, in first reading of the codecision procedure, the proposal for a Regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks. The main amendments adopted are the following: - the definition of 'spirit drinks' (having a minimum alcoholic strength of 15 % vol.) must not relate only to this regulation, but must also apply generally to all foodstuffs. In addition, it is proposed to remove the reference to the maximum limit proposed by the Commission (80% vol.) which would have excluded many spirit drinks (for example whisky and rum); - an amendment was adopted in order to provide a clarification in the text regarding the nature of the liquid used for the maceration process; - the report rejects the Commission’s proposal which involved the classification of drinks in three categories (A: spirits; B: specific spirit drinks, and C: other spirit drinks) because it seeks to ensure that the quality of all spirit drinks is maintained; - Members want to protect traditional methods and thus guarantee the quality of products. For this reason, a general authorisation for ethyl alcohol to be added or for flavourings to be added should therefore be rejected, irrespective of whether natural or nature-identical flavourings are used. The current ban on adding distillate of agricultural origin is tried and tested, and should be retained in order to guarantee a top quality product; - in regard to the origin of ethyl alcohol, the Committee wants to better define the limits by specifying that ethyl alcohol used for the preparation of spirit drinks and all of their components shall not be of any origin other than agricultural and shall have been obtained in accordance with Annex I to the Treaty; - according to the Committee, products comprising ethyl alcohol and a denaturant, irrespective of the ethyl alcohol concentration, shall be classified under the EU customs nomenclature as 'ethyl alcohol and other spirits, denatured, of any strength' and may not be used for the production of spirit drinks; - the general possibility for Member States to adopt rules must be restricted in the interests of the proper functioning of the internal market, and should only apply in relation to issues of quality; - an amendment adopted in Committee provides that the name ‘vodka’ should designate a spirit drink produced from ethyl alcohol of agricultural origin, obtained following fermentation with yeast, from either a) cereals, potatoes and/or molasses; or, b) other agricultural raw materials. The description, presentation or labelling of vodka not produced from potatoes, cereals or molasses should bear, in the same visual field as the sales denomination, the indication 'produced from...', supplemented by the raw material utilised to produce the ethyl alcohol of agricultural origin; if the spirit drink vodka consists of ethyl alcohol produced from two or more products of agricultural origin, it shall bear the name 'blended vodka'; - in regard to specific rules concerning trade descriptions, two new points were added: the first permits geographical indications listed in Annex III to be accompanied by additional particulars provided that these are i) regulated by the national or regional authorities in the Member States, or ii) according to the relevant technical file (e.g. 'single malt' and/or 'Highland' for Scotch whisky). The second permits the names of spirit drinks listed in Annex II to be supplemented by geographical indications other than those in Annex III, provided that they do not mislead consumers; - as far as the mixing of spirit drinks is concerned, Members believe that the use of known names or geographical indications, or the allusion thereto in a compound term shall only be permitted if the alcohol originates 100% from the spirit drink referred to in the compound term. The use of such compound terms shall also be prohibited where a spirit drink has been diluted with water in such a way that the alcoholic strength is less than the minimum strength laid down in the definition of that spirit drink; - save where an exception is made, the age may be indicated only where it refers to the youngest of the alcoholic components and provided that the product was aged under revenue supervision or supervision affording equivalent guarantees ; - an amendment specifies that applications for geographical indications must be substantiated, by the Member State of origin. As regards geographical indications for spirit drinks originating in the Community, the application shall be submitted via the Member State in which the spirit drink is produced. As regards geographical indications for spirit drinks originating in third countries, the application shall either be sent direct to the Commission or submitted via the competent authorities in the third country. The application must include proof that the name is in fact protected in the country of origin; - Member States may also require spirit drinks produced on their territory which are listed in Annex III and exported to be supported by a system of authentication documentation; - the deadline for lodging objections to the registration of geographical indications should be extended to six months following the date of publication. It must be possible to make provision to end the registration of a traditional product through a regular procedure; - geographical indications protected under the regulation in force shall continue to be valid. No re-application shall be made or re-examination carried out; - the Commission shall, in consultation with Member States, ensure that this Regulation is applied in a uniform way; - the Commission shall be assisted by the Regulatory Committee (and not a Management Committee) for Spirit Drinks; - in the case of transitional measures, a maximum period of two years should be established. Amendments were also made to the Annexes with a view, in particular, to: ensuring that the addition of sweeteners is indicated on the label in order to improve information to consumers; ensuring the definition of 'description' is as wide as possible, including terms used not only on labels but also packaging and presentation; permitting the use of authenticity indicators in order to prevent falsification and unauthorised imitation. The report also specifies that Member States should be able to adopt rules stricter than or additional to those laid down in this Regulation on the production, description, presentation and particular labelling of spirit drinks produced in their territory , provided that such rules are designed to pursue a specific quality policy, are compatible with Community law and relate to spirit drinks with a geographical indication.
  • date: 2007-02-12T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-35&language=EN title: A6-0035/2007
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  • date: 2007-06-18T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20070618&type=CRE title: Debate in Parliament
  • date: 2007-06-19T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=13276&l=en title: Results of vote in Parliament
  • date: 2007-06-19T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-259 title: T6-0259/2007 summary: The European Parliament adopted the resolution drafted by Horst SCHNELLHARDT (EPP-ED, D), and made some amendments to the Commission’s proposal. The amendments were the result of a compromise between Parliament and Council, and the compromise was supported in plenary. The resolution was adopted by 522 votes for, 148 against and 15 abstentions. The key issues were the definition of vodka and whiskey names. Vodka: MEPs settled on a definition of vodka that would allow the drink to be produced from any agricultural material, such as grapes, rice or any other agricultural product provided that they are appropriately labelled. The Environment Committee's position had suggested that traditional vodka only be made from grain, potatoes or sugar beet molasses. (Please see the summary of 30/01/2007.) Vodkas made from other raw materials would have had to clearly indicate what they were made from, with a large label on the bottle (2/3 of the size of the word 'Vodka' on the label. The approach adopted in plenary states that traditional vodka may only be made from grain or potatoes (not molasses), and other raw materials may only be used if they are clearly indicated on the label. Vodkas made from other agricultural raw materials will have to carry the wording ‘produced from. ’ The size of this label, however, would not be specified. Some MEPs from traditional vodka-producing Member States (Denmark, Estonia, Finland, Latvia, Lithuania, Poland, and Sweden) would have preferred to allow the term 'vodka' only to be applied to spirits made from grain, potatoes and molasses, but their amendments failed to garner enough support among MEPs. Whiskey: the plenary agreed with the decision of the Environment Committee on this issue. The House voted for existing geographical names to remain valid. These may be supplemented by additional descriptions provided they are regulated at national or regional level or are included in the technical specifications, such as "single malt" and/or "Highland" for Scotch whisky. Applications for geographical designations must justified by the Member State of origin. Certain MEPs had argued for equal treatment for vodka and whisky, stating that it was unacceptable that vodka was an open trademark whereas there are a number of restrictions for other registered trademarks such as whisky, champagne and cognac. However, this was rejected on the grounds that, in the case of vodka, the raw material used does not affect the quality of the product. Spirit drinks: the Commission's proposal had originally suggested establishing three categories of spirit drinks, which the Environment Committee rejected, arguing for a single category of 'spirit drinks'. This single category was maintained in the compromise with the Council. Flavourings: the plenary agreed with the Environment Committee and felt that flavourings should be banned for some spirits (such as rum, whisky, cereals-based spirits and wine, brandy ) except for the addition of caramel as a colouring substance. Other spirits might contain additions of alcohol (only of agricultural origin), of colouring substances, sweeteners and flavourings. Comitology: the regulatory procedure with scrutiny will apply to certain aspects of the Regulation, such as the amendment of the Annexes, the establishment of a Community symbol for geographical indications for the spirit drinks sector, and to resolve specific practical problems, such as by making it obligatory, in certain cases, to state the place of manufacture on the labelling to avoid misleading the consumer and to maintain and develop Community reference methods for the analysis of spirit drinks. Entry into force : although the Environment Committee had argued for a two-year transitional period, Parliament decided that the legislation will apply three months after the entry into force of the regulation. To facilitate the transition from the rules provided for in Regulation (EEC) No 1576/89, the production of spirit drinks under that Regulation will be permitted during the first year of application of the Regulation. The marketing of existing stocks is also be foreseen until their exhaustion.
  • date: 2007-12-17T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2008-01-15T00:00:00 type: Final act signed body: CSL
  • date: 2008-01-15T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2008-02-13T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to establish new rules on spirit drinks. LEGISLATIVE ACT : Regulation (EC) N° 110/2008 of the European parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) N° 1576/89. CONTENT: the Council adopted, by qualified majority, this Regulation on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks. The Polish and Swedish delegations voted against and the Lithuanian delegation abstained. The aims of the Regulation are: to clarify the current rules on the production and marketing of spirit drinks, adapting them to new technical requirements (manufacturing requirements, permitted colourings and flavourings, names and labelling); to specify the numerous categories and geographical indications for the manufacture and/or denomination of typical drinks from many countries, such as aquavit, brandy, fruit spirit (kirsch), genever, grappa, gin, jagertee, kummel, ouzo, pastis, rum, vodka, whisky and slivovitz; to adapt Community legislation to take account of the latest enlargements and the requirements of the World Trade Organisation (WTO), including Trade-Related Aspects of Intellectual Property Rights (TRIPS); to define the criteria for the future recognition of new geographical indications. The Regulation applies to all spirit drinks placed on the market in the Community whether produced in the Community or in third countries, as well as to those produced in the Community for export. The Regulation also applies to the use of ethyl alcohol and/or distillates of agricultural origin in the production of alcoholic beverages and to the use of the names of spirit drinks in the presentation and labelling of foodstuffs. In exceptional cases where the law of an importing third country so requires, the Regulation allows for a derogation to be granted from the provisions of Annexes I and II in accordance with the regulatory procedure with scrutiny. ENTRY INTO FORCE: 20/02/2008. APPLICATION: 20/05/2008. docs: title: Regulation 2008/110 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0110 title: OJ L 039 13.02.2008, p. 0016 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:039:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/agriculture/ title: Agriculture and Rural Development commissioner: FISCHER BOEL Mariann
procedure/dossier_of_the_committee
Old
ENVI/6/32815
New
  • ENVI/6/32815
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0110
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0110
procedure/instrument
Old
Regulation
New
  • Regulation
  • Amended by 2006/0147(COD) See also 2013/2524(RPS) Amended by 2018/0097(COD)
procedure/subject
Old
  • 3.10.06.08 Wine, alcoholic and non-alcoholic beverages
  • 3.70.17 European eco-label and eco-labelling
  • 4.60.02 Consumer information, advertising, labelling
  • 4.60.04.04 Food safety
New
3.10.06.08
Wine, alcoholic and non-alcoholic beverages
4.60.02
Consumer information, advertising, labelling
4.60.04.04
Food safety
procedure/summary
  • Amended by
  • See also
procedure/title
Old
Spirit drinks: definition, description, presentation and labelling
New
Spirit drinks: definition, description, presentation, labelling and the protection of geographical indications
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2005-12-15T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0125/COM_COM(2005)0125_EN.pdf celexid: CELEX:52005PC0125:EN type: Legislative proposal published title: COM(2005)0125 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/agriculture/ title: Agriculture and Rural Development Commissioner: FISCHER BOEL Mariann
  • date: 2006-01-17T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: AGRI date: 2006-01-26T00:00:00 committee_full: Agriculture and Rural Development (Associated committee) rapporteur: group: ALDE name: BUSK Niels body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety (Associated committee) rapporteur: group: PPE-DE name: SCHNELLHARDT Horst body: EP responsible: False committee: IMCO date: 2006-02-21T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: TITLEY Gary body: EP responsible: None committee: JURI date: 2006-06-21T00:00:00 committee_full: Legal Affairs rapporteur: group: NI name: SPERONI Francesco Enrico
  • date: 2006-07-06T00:00:00 body: EP type: Referral to associated committees announced in Parliament
  • body: CSL meeting_id: 2758 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2758*&MEET_DATE=24/10/2006 type: Debate in Council title: 2758 council: Agriculture and Fisheries date: 2006-10-24T00:00:00 type: Council Meeting
  • date: 2007-01-30T00:00:00 body: EP committees: body: EP responsible: False committee: AGRI date: 2006-01-26T00:00:00 committee_full: Agriculture and Rural Development (Associated committee) rapporteur: group: ALDE name: BUSK Niels body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety (Associated committee) rapporteur: group: PPE-DE name: SCHNELLHARDT Horst body: EP responsible: False committee: IMCO date: 2006-02-21T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: TITLEY Gary body: EP responsible: None committee: JURI date: 2006-06-21T00:00:00 committee_full: Legal Affairs rapporteur: group: NI name: SPERONI Francesco Enrico type: Vote in committee, 1st reading/single reading
  • date: 2007-02-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-35&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0035/2007 body: EP committees: body: EP responsible: False committee: AGRI date: 2006-01-26T00:00:00 committee_full: Agriculture and Rural Development (Associated committee) rapporteur: group: ALDE name: BUSK Niels body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety (Associated committee) rapporteur: group: PPE-DE name: SCHNELLHARDT Horst body: EP responsible: False committee: IMCO date: 2006-02-21T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: TITLEY Gary body: EP responsible: None committee: JURI date: 2006-06-21T00:00:00 committee_full: Legal Affairs rapporteur: group: NI name: SPERONI Francesco Enrico type: Committee report tabled for plenary, 1st reading/single reading
  • body: CSL meeting_id: 2793 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2793*&MEET_DATE=16/04/2007 type: Debate in Council title: 2793 council: Agriculture and Fisheries date: 2007-04-16T00:00:00 type: Council Meeting
  • date: 2007-06-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20070618&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2007-06-19T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=13276&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-259 type: Decision by Parliament, 1st reading/single reading title: T6-0259/2007 body: EP type: Results of vote in Parliament
  • date: 2007-12-17T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 2841
  • date: 2007-12-17T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2008-01-15T00:00:00 body: CSL type: Final act signed
  • date: 2008-01-15T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-02-13T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008R0110 title: Regulation 2008/110 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:039:TOC title: OJ L 039 13.02.2008, p. 0016
committees
  • body: EP responsible: False committee: AGRI date: 2006-01-26T00:00:00 committee_full: Agriculture and Rural Development (Associated committee) rapporteur: group: ALDE name: BUSK Niels
  • body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety (Associated committee) rapporteur: group: PPE-DE name: SCHNELLHARDT Horst
  • body: EP responsible: False committee: IMCO date: 2006-02-21T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: TITLEY Gary
  • body: EP responsible: None committee: JURI date: 2006-06-21T00:00:00 committee_full: Legal Affairs rapporteur: group: NI name: SPERONI Francesco Enrico
links
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/agriculture/ title: Agriculture and Rural Development commissioner: FISCHER BOEL Mariann
procedure
dossier_of_the_committee
ENVI/6/32815
reference
2005/0028(COD)
instrument
Regulation
legal_basis
EC Treaty (after Amsterdam) EC 095
stage_reached
Procedure completed
summary
subtype
Legislation
title
Spirit drinks: definition, description, presentation and labelling
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject