Explanatory Memorandum to COM(2005)125 - Definition, description, presentation and labelling of spirit drinks - Main contents
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| dossier | COM(2005)125 - Definition, description, presentation and labelling of spirit drinks. |
|---|---|
| source | COM(2005)125  |
| date | 15-12-2005 |
- 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.
Structure of the REGULATION
THE REGULATION ON spirit drinks consists of four chapters and three annexes:
Chapter I: Definition of spirit drinks lays down the principle definition and classification of spirit drinks.
Three categories of spirit drinks are established:
- 'Spirits': An exclusive group of spirit drinks which include only the purest form of product not containing ethyl alcohol of agricultural origin and solely admitting natural flavouring, e.g. rum, whisky, brandy, ...
- 'Specific spirit drinks': A distinct group of spirit drinks which may contain ethyl alcohol of agricultural origin and nature-identical flavouring, although only in a well defined and limited form, e.g. gin, vodka, liqueur, …
- 'Other spirit drinks': An open group of products which may contain ethyl alcohol of agricultural origin as well as flavouring, sweeteners and others.
Chapter II deals with particularities of description, presentation and labelling of spirit drinks.
The regulation establishes a coherent system based on traditional habits and the categories established. It aims at clear information to the consumer on the nature of the product and obliges the producer to provide all information necessary to avoid misleading the consumer.
Chapter III lays down the rules on geographical indications based on the international obligations of the European Community.
The geographical indications presently listed in Annex II to Regulation (EEC) No 1576/89 are taken over in the present regulation, including geographical indications which are presently regulated in the body of Regulation (EEC) No 1576/89 as Grappa, Korn, Pacharan, Ouzo, … However, in order to take account of the recent case law of the Court of Justice, the regulation foresees that technical files for these indications shall be published within seven years from the entry into force of the regulation.
The criteria laid down in the TRIPs Agreement are mirrored in the new regulation and will serve as a basis for the introduction of new geographical indications into Annex III of the regulation.
Chapter III also refers to Annex III where the recognised geographical indications are listed individually.
Chapter IV closes with general, transitional and final measures.
Annex I includes the technical definitions for the production of spirit drinks.
Annex II includes the individual spirit drinks which classify within the categories established by the regulation. It lists the characteristics of the products in a systematic and consistent form.
Annex III lists the geographical indications as described above.
The proposal has no financial implications for the Community budget.