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Document 52022XC0218(01)
Commission Notice Guidelines for the implementation of certain labelling provisions of Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 2022/C 78/03
Commission Notice Guidelines for the implementation of certain labelling provisions of Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 2022/C 78/03
Commission Notice Guidelines for the implementation of certain labelling provisions of Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 2022/C 78/03
C/2022/621
OJ C 78, 18.2.2022, p. 3–50
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI)
OJ C 78, 18.2.2022, p. 3–49
(SV)
18.2.2022 |
EN |
Official Journal of the European Union |
C 78/3 |
COMMISSION NOTICE
Guidelines for the implementation of certain labelling provisions of Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008
(2022/C 78/03)
Foreword and disclaimer The new Spirit Drinks Regulation (EU) 2019/787 was published on 17 May 2019 and entered into force 7 days later. However, it only applies from 25 May 2021 with respect to most of its production and labelling provisions. In line with Article 43(2) of Regulation (EU) 2019/787, the purpose of the present guideline document – which is also applicable as of 25 May 2021 – is to ensure its uniform application for the benefit both of national administrations and food business operators (e.g. spirit drinks producers and importers) as concerns certain labelling provisions laid down therein. It is limited to the practical explanation of labelling provisions applicable to spirit drinks, in particular concerning the use of ‘legal names’, ‘compound terms’, ‘allusions’, ‘mixtures’ and ‘blends’. To this end, it gives several non-exhaustive examples that are provided for illustration purposes only. The present guideline document is provided for information purposes only and its contents are not intended to replace consultation of any applicable legal sources or the necessary advice of a legal expert, where appropriate. Neither the Commission nor any person acting on its behalf can be held responsible for the use made of these guidance notes nor can they be considered as a binding interpretation of the legislation. This document is intended to assist businesses and national authorities in the application of the Spirit Drinks legislation. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. References to legal provisions indicated hereinafter are intended as being referred to Regulation (EU) 2019/787 (‘SDR’), save otherwise explicitly indicated. |
Table of Contents
1. |
GENERAL LABELLING RULES FOR SPIRIT DRINKS | 7 |
1.1. |
Horizontal provisions (FIC Regulation) | 7 |
1.2. |
Principles governing the Spirit Drinks Regulation | 7 |
1.3. |
Legal names | 8 |
1.4. |
Terms that may supplement legal names | 10 |
1.5. |
Voluntary food information (FIC Regulation) | 12 |
1.5.1. |
Name of a foodstuff used in the production | 15 |
1.6. |
Ethyl alcohol’s or distillates’ raw materials | 15 |
1.7. |
Plant raw materials used as legal names | 17 |
2. |
COMPOUND TERMS | 18 |
2.1. |
What is a compound term | 18 |
2.2. |
Conditions of use | 20 |
2.3. |
Labelling provisions | 21 |
2.4. |
Checks | 23 |
3. |
ALLUSIONS | 24 |
3.1. |
What is an allusion | 24 |
3.2. |
Conditions of use and labelling provisions | 25 |
3.2.1. |
Allusions on foodstuffs other than alcoholic beverages | 26 |
3.2.2. |
Allusions on alcoholic beverages other than spirit drinks | 27 |
3.2.3. |
Allusions on liqueurs | 28 |
3.2.4. |
Allusions on spirit drinks other than liqueurs | 30 |
3.2.5. |
Other labelling rules for allusions | 34 |
3.3. |
Allusion to flavourings ‘emulating’ spirit drinks | 36 |
3.4. |
Low/zero-alcohol beverages referring to spirit drinks’ names | 37 |
3.5. |
Checks | 39 |
3.5.1. |
On foodstuffs other than alcoholic beverages | 39 |
3.5.2. |
On alcoholic beverages other than spirit drinks | 39 |
3.5.3. |
On liqueurs | 40 |
3.5.4. |
On spirit drinks other than liqueurs | 40 |
3.5.5. |
On ‘imitation’ flavourings | 42 |
3.5.6. |
Allusions to GIs | 42 |
4. |
MIXTURES | 43 |
4.1. |
What are mixtures | 43 |
4.2. |
Conditions of use and labelling provisions | 44 |
4.2.1. |
General rules | 44 |
4.2.2. |
Mixtures corresponding to a spirit drink category | 45 |
4.3. |
Checks | 45 |
5. |
BLENDS | 46 |
5.1. |
What are blends | 46 |
5.2. |
Conditions of use and labelling provisions | 47 |
5.3. |
Checks | 48 |
6. |
OVERVIEW TABLES | 48 |
6.1. |
Compound Terms (CT) | 48 |
6.2. |
Allusions | 49 |
6.3. |
Mixtures | 49 |
6.4. |
Blends | 50 |
Table of Symbols and Abbreviations
ABV |
Alcohol by volume |
CT |
Compound term |
EAAO |
Ethyl alcohol of agricultural origin |
FIC (Regulation) |
Regulation (EU) No 1169/2011 on food information to consumers |
GI |
Geographical Indication |
QUID |
Quantitative indication of ingredients |
SDR |
Regulation (EU) 2019/787 (Spirit Drinks Regulation) |
§ |
Paragraph of the present Guidelines |
# |
Example box number of the present Guidelines |
1. GENERAL LABELLING RULES FOR SPIRIT DRINKS
Article 3, points (1), (4) and (8) |
Definitions |
Article 4, points (1), (2), (3) and (4) |
Technical definitions and requirements |
Articles 9, 10 and 13 |
Legal names and other labelling provisions |
1.1. Horizontal provisions (FIC Regulation)
According to Article 9 of Regulation (EU) 2019/787 (1) (‘SDR’), ‘spirit drinks placed on the Union market shall comply with the presentation and labelling requirements set out in Regulation (EU) No 1169/2011 (2) , unless otherwise provided for in this Regulation’ (3).
Except for explicit provision of lex specialis as set out in the SDR, the presentation and labelling rules laid down for any foodstuff by Regulation (EU) No 1169/2011 (‘FIC Regulation’) are thus also of application for spirit drinks as such and when present in foodstuffs.
Among the key principles that are set out in the horizontal EU food labelling legislation (FIC Regulation) that are also of paramount importance also for spirit drinks, is that food information shall not be misleading but shall be accurate, clear and easy to understand for consumers (4).
Information to consumers must be accurate , non-misleading and easy to understand . |
In this context, it is worthwhile reminding that the mandatory quantitative indication of certain (categories of) ingredients according to Article 9(1), point (d), of the FIC Regulation – read in conjunction with Article 22 and Annex VIII of that Regulation – is also among the horizontal rules applicable to spirit drinks.
QUID rules apply to spirit drinks as provided for by the FIC Regulation as the SDR does not explicitly derogate from them. |
1.2. Principles governing the Spirit Drinks Regulation
In line with the tradition set out by Council Regulation (EEC) No 1576/89 (5) and carried on with Regulation (EC) No 110/2008 (6), Regulation (EU) 2019/787 continues relying upon the same liberal principle:
Every spirit drink may be placed on the EU market as long as it is produced in line with general food law and is correctly labelled. |
In other words, no spirit drink – as any other foodstuff – is banned from the EU market as long as it complies with the provided requirements for its production, is safe for consumption and bears adequate consumer’s information.
However, concerning spirit drinks, this liberal principle must coexist with the enhanced protection EU law bestows upon their legal names, which are either names reserved for defined categories or for geographical indications.
Legal names of spirit drinks (categories and GIs) are granted special protection . |
Indeed, in order to safeguard the reputation of spirit drink categories and GIs and to prevent the deception of consumers, the SDR protects clearly defined products against illegitimate use in the presentation of derived products that do not meet the strict production criteria applicable.
Accordingly, food business operators (e.g. producers, importers) will have to carefully consider the labelling provisions set out in the SDR before placing on the EU market any spirit drink or food referring to spirit drinks.
Particular attention needs to be paid to rules on legal names (Article 10), compound terms (Article 11), allusions (Article 12) and other labelling provisions, including on mixtures and blends (Article 13).
1.3. Legal names
EU food law does not provide for mandatory product definitions except in cases of vertical EU legislation such as the SDR.
Both Council Regulation (EEC) No 1576/89 and Regulation (EC) No 110/2008 provided for an enhanced protection both of sales denominations and geographical indications, imposing that every spirit drink marketed in the EU shall bear a clearly defined name.
The present SDR retains the same approach.
Moreover, in order to align it to the wording of the FIC Regulation on food information to consumers, the legislator decided to replace the term ‘sales denomination’ with the term ‘legal name’, which is defined by:
— |
Article 2(2), point (n), of the FIC Regulation as ‘the name of a food prescribed in the Union provisions applicable to it’ […]; and |
— |
Article 3, point (1), of the SDR as ‘the name under which a spirit drink is placed on the market’. |
Furthermore, according to Article 17(1) of the FIC Regulation ‘the name of the food shall be its legal name. In the absence of such a name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name of the food shall be provided’. Paragraph 4 of the same provision specifies that ‘the name of the food shall not be replaced with a name protected as intellectual property (7) , brand name or fancy name’.
Finally, in compliance with Article 13(1) of the FIC Regulation, the legal name of spirit drinks, as any other mandatory food information, ‘ shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible . It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material’.
Moving back to the specific provisions of the SDR, Article 10 provides for the following legal names to be used in the description, presentation and labelling of a spirit drink:
a) MANDATORY:
Article 10(2): the name of the category of spirit drinks whose requirements it complies with (or any other legal name permitted by that category);
If a beverage complies with all requirements laid down for a spirit drink category , it must bear the corresponding legal name. |
Article 10(3): the legal name ‘spirit drink’, if it does not comply with the requirements of any of the categories of spirit drinks set out in Annex I, but still complies with the definition of and requirements for spirit drinks laid down in Article 2;
If a beverage does not comply with the requirements of any spirit drink category, but corresponds to the general definition of a spirit drink, it must bear the generic name ‘spirit drink’. |
b) FACULTATIVE:
Article 10(4): legal names permitted under one or more categories of spirit drinks, if it complies with the requirements for more than one categories of spirit drinks set out in Annex I;
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Article 10(5), point (a): a geographical indication referred to in Chapter III, which may supplement or replace its legal name;
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Article 10(5), point (b): a compound term that includes the term ‘liqueur’ or ‘cream’, which may replace its legal name in derogation from Article 10(6), point (c), according to which a compound term may only supplement a legal name (see § 2.1 below), provided that it complies with the respective requirements laid down for category 33 of Annex I (i.e. liqueur);
c) FORBIDDEN:
Article 10(7), first subparagraph: legal names permitted under a category of spirit drinks and geographical indications for spirit drinks shall not be used in the description, presentation or labelling of any beverage (i.e. alcoholic or not alcoholic) which does not comply with the requirements set out for that category or geographical indication (see also § 3.3 below).
This prohibition applies even in presence of terms such as ‘like, ‘type’, ‘style’, ‘made’, ‘flavour’, used with the purpose of indicating to the consumer that such beverage is not to be confused with the spirit drink referred to.
The only exceptions to this prohibition are allowed for ‘compound terms’, ‘allusions’ and ‘ingredients lists’ as set out in Articles 11, 12 and 13(2) to (4).
NB: |
With Regulation (EU) 2019/787, Articles 9(4) and 9(7) of Regulation (EC) No 110/2008 were merged into the new Article 10(7) of the SDR. Consequently, the provision laid down in Article 10(7), first subparagraph, has become stricter with respect to Article 9(7) of Regulation (EC) No 110/2008, which only prohibited the use of a spirit drink name on alcoholic beverages (and not ‘any beverage’ as in the new SDR) not complying with all requirements laid down for that spirit drink. This change in wording was necessary to ensure consistency with Article 9(4) of Regulation (EC) No 110/2008, which prohibits the use of sales denominations of spirit drink categories to describe or present in any way whatsoever any drink other than the spirit drinks for which those names are listed in Annex II or registered in Annex III. |
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NB: |
Regulation (EU) 2019/787 introduced a novelty with respect to the reference to spirit drink names in foodstuffs other than beverages. In fact, according to Article 10(7), second subparagraph, flavourings that imitate a spirit drink or foodstuffs other than a beverage having used such flavourings in their production, may bear in their presentation and labelling references to legal names permitted under a category of spirit drinks . The only condition is that the consumer is properly informed by accompanying those legal names with the term ‘flavour’ or other similar terms. However, names of geographical indications may not be used to that purpose. |
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1.4. Terms that may supplement legal names
Article 10(6) provides an indicative list of terms that may supplement legal names of spirit drinks.
In this context, the verb ‘to supplement’ should not be understood as a requirement for the concerned term to form integral part of a legal name. It rather indicates that it can be added to the label as an extra element to provide further descriptive information with respect to the product.
Therefore, the ‘supplementing term’ does not necessarily have to be displayed on the same line as the legal name but may appear anywhere on the label.
Accordingly, the following may appear on the label along with the legal name:
(a) |
‘a name or geographical reference (8) provided for in the laws, regulations and administrative provisions applicable in the Member State in which the spirit drink is placed on the market, provided that this does not mislead the consumer’: this possibility is reserved to terms that are regulated at national level, where they exist. In that case those terms may supplement the legal name of spirit drinks placed on the domestic market. Those spirit drinks may also be placed on the market of another Member State on condition that they are not considered as misleading for consumers of that Member State;
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(b) |
‘a customary name as defined Article 2(2), point (o), of Regulation (EU) No 1169/2011 (9) , provided that this does not mislead the consumer’: this possibility is reserved to names that are traditionally used in Member States even if they are not formally regulated. Such names may supplement the legal name of spirit drinks placed on national markets where they are accepted by consumers without that name needing further explanation;
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(c) |
‘a compound term or an allusion (on liqueurs) in accordance with Articles 11 and 12’ of the SDR (with the exception of compound terms resulting from the combination of the name of a spirit drink with the term ‘liqueur’ or ‘cream’, which may replace legal names in accordance with the provision of Article 10(5), point (b)). It is to be noted that, in line with Article 11(2), the terms ‘alcohol’, ‘spirit’, ‘drink’, ‘spirit drink’ and ‘water’ may not be part of a compound term describing an alcoholic beverage, except if those terms are integral part of the legal name of the spirit drink category that is mentioned in the compound term. Consequently, a compound term may in no case be written in such a way as being part of the generic legal name ‘spirit drink’;
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(d) |
‘the term ‘blend’, ‘blending’ or ‘blended’ , provided that the spirit drink has undergone blending in accordance with Article 3, point (11)’;
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(e) |
‘the term ‘mixture’‘mixed’ or ‘mixed spirit drink’ , provided that the spirit drink has undergone mixing in accordance with Article 3,point (9)’;
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(f) |
‘the term ‘ dry ’ or ‘ dry ’ [i.e. in English or in any other official EU language], provided that the spirit drink has not been sweetened, not even for rounding off the taste’. The following exceptions apply in case of:
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1.5. Voluntary food information (FIC Regulation)
In addition to the above, in compliance with the FIC Regulation, voluntary food information (11) may be provided in the description, presentation and labelling of a spirit drink.
Article 36(2) of the FIC Regulation requires that ‘food information provided on a voluntary basis shall meet the following requirements:
(a) |
it shall not mislead the consumer, as referred to in Article 7; |
(b) |
it shall not be ambiguous or confusing for the consumer; and |
(c) |
it shall, where appropriate, be based on the relevant scientific data’. |
Voluntary information may include terms such as ‘fine’, ‘extra’, ‘premium’, ‘deluxe’, ‘100% pure grain’, ‘superior’, but also ‘matured in wine cask’, ‘old barrel matured’, ‘aged in Sherry cask’ (12), ‘Stout/Beer cask finish’, etc.
Terms referring to the storage of a spirit drink for the entire maturation period or part of it in wooden casks having previously used to mature another spirit drink cannot be considered as mere voluntary information within the meaning of Article 36 of the FIC Regulation, contrary to references to e.g. wine and beer casks. This is due to the prohibition laid down in Article 10(7), first subparagraph, of the SDR to use spirit drinks names in the description, presentation or labelling of any beverage not complying with the requirements laid down in the SDR or the relevant GI technical file/product specification. The only exceptions allowed to this prohibition relate to the labelling of compound terms, allusions and ingredients list, as regulated by Articles 11, 12 and 13(2) to (4) of the SDR. Therefore, the reference to a spirit drink in whose wooden cask another spirit drink has been subsequently matured is an allusion governed by Article 12(3a) of the SDR (13) (see § 3.2.4.2 below).
NB: |
This section does not cover terms permitted by the technical file/product specification of a spirit drink GI, which may in any case supplement the GI, provided that this does not mislead the consumer, in application of Article 10(5), point (a). |
NB: |
It is worthwhile reminding that certain spirit drink categories (in particular categories 1 to 14 of Annex I) may not be flavoured, coloured, sweetened or subject to the addition of alcohol: these requirement may not be circumvented by maturation in wooden casks which have not been fully emptied of their previous contents. Nevertheless, storage in empty wooden casks having previously contained another alcoholic beverage is not regarded as flavouring and the reference to such practice on the label of a spirit drink should have the sole objective to inform the consumer of the type of container used for storing it and must comply with Article 7 of the FIC Regulation and Article 21 of the SDR. Moreover, concerning spirit drink GIs, the labelling of such practice must be consistent with the requirements set out in the technical file/product specification for the use of such descriptors for any given GI. |
As the SDR does not regulate the use of voluntary information in the presentation, description and labelling of spirit drinks, the general provisions of the FIC Regulation are of application.
According to Article 7(1) of the FIC Regulation:
‘Food information shall not be misleading, particularly:
a) |
as to the characteristics of the food and, in particular, as to its nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production; |
b) |
by attributing to the food effects or properties which it does not possess; |
c) |
by suggesting that the food possesses special characteristics when in fact all similar foods possess such characteristics, in particular by specifically emphasising the presence or absence of certain ingredients and/or nutrients; |
d) |
by suggesting, by means of the appearance, the description or pictorial representations, the presence of a particular food or an ingredient, while in reality a component naturally present or an ingredient normally used in that food has been substituted with a different component or a different ingredient.’ |
The national competent authorities are responsible for the enforcement of the EU legislation and it is therefore up to them to assess on a case-by-case basis whether the use on the label of spirit drinks of such voluntary information is compliant or not with the relevant EU legislation.
This assessment should thus take into account, among others, that the terms used:
— |
describe the true nature and specific characteristics of the product (e.g. mentioning a specific production feature); |
— |
describe production features that are allowed by the requirements for the production of a spirit drink category or GI (laid down respectively in Annex I of the SDR or in the relevant technical file/product specification); |
— |
describe production features that are allowed by the requirements for the production of the foodstuff category or GI to which reference is made (e.g. wine products or beer GIs); |
— |
are correctly referred to a GI (e.g. in the case of Sherry casks, that they have been declared compliant by the relevant control and certification body); |
— |
distinguish special characteristics of the product on which they are used, from other (similar) products with which it might be confused; |
— |
are not misleading for the addressed consumers. |
Therefore, if certain terms are used as voluntary information with reference to a spirit drink, the food business operator must be able to demonstrate that the spirit drink possesses specific characteristics in terms of quality, material value, production method or a maturation period, which set it apart from spirit drinks that comply with the minimum requirements of the same category.
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NB: |
Reference to a protected name in the type of cask used to mature a spirit drink must only be for the purpose of informing the consumer of the type of cask used and must comply with the requirements of Article 21 of the SDR and Articles 7 and 36 of the FIC Regulation. |
1.5.1. Name of a foodstuff used in the production
The name of a foodstuff that has been used in the production of a spirit drink in accordance with the requirements laid down in Annex I for a spirit drink category or, in case of a GI, in its technical file/product specification, may also be indicated in its presentation, description and labelling as voluntary information (15).
In fact, as we will see later (see § 2.1 below), the combination of the legal name of a spirit drink with the name of a foodstuff provided for/allowed in its production does not account as a compound term according to Article 3, point (2), which defines it as the combination of the name of a spirit drink with (among others) ‘the name of one or more foodstuffs other than foodstuffs used for the production of that spirit drink in accordance with Annex I […]’.
The name of a foodstuff/foodstuffs used in the production of a spirit drink may be indicated to inform the consumer as to the raw material(s) conferring specific organoleptic characteristics to it, on condition that this indication is true, accurate and not misleading for the consumer.
In that case, the legal name remains the name allowed under the spirit drink category or in the technical file/product specification of a GI.
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1.6. Ethyl alcohol’s or distillates’ raw materials
Article 13(1) provides for stricter rules in respect of agricultural raw materials used for distillation:
’The description, presentation or labelling of a spirit drink may refer to the raw materials used to produce the ethyl alcohol of agricultural origin or distillates of agricultural origin used in the production of that spirit drink only where that ethyl alcohol or those distillates have been obtained exclusively from those raw materials. In such a case, each type of ethyl alcohol of agricultural origin or distillate of agricultural origin shall be mentioned in descending order of quantity by volume of pure alcohol.’
A spirit drink may only refer to the names of raw materials distilled to obtain the alcohol used in its production on condition that those are the only raw materials used for distillation . All raw materials used are to be mentioned in descending order in its description, presentation and labelling. |
Provided that this condition is met, each type of ethyl alcohol or distillate (with the mention of the agricultural product used to produce them) shall be mentioned in descending order of quantity by volume of pure alcohol present in the spirit drink.
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NB: |
Reference is made here to agricultural products distilled after alcoholic fermentation to produce ethyl alcohol or distillates of agricultural origin. Raw materials macerated in alcohol or otherwise added to the spirit drink according to its production requirement fall rather under the case of ‘foodstuff used in the production’, which is dealt with in the previous § 1.5.1, while foodstuffs that are combined with a spirit drink although they are not required/allowed in its production, are to be indicated in accordance with the rules on compound terms or allusions. |
1.7. Plant raw materials used as legal names
According to Article 13(5), ‘the use of the names of plant raw materials which are used as the legal names of certain spirit drinks shall be without prejudice to the use of the names of those plant raw materials in the presentation and labelling of other foodstuffs. The names of such raw materials may be used in the description, presentation or labelling of other spirit drinks, provided that such use does not mislead the consumer’.
This provision was deemed necessary to allow the use of names of fruits or plants that the SDR reserves as legal names for certain spirit drinks also in the presentation and labelling as ingredients (as fruit or plants and not as spirit drinks) of other foodstuffs.
The same possibility applies to other spirit drinks, as long as it is made clear in the description, presentation and labelling that it is not the spirit drink that is referred to (as an ingredient) but the plant raw material itself.
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2. COMPOUND TERMS
Article 3, point (2) |
Definition |
Article 11 |
Conditions for use and labelling provisions |
2.1. What is a compound term
The use of a compound term is an option available to describe a spirit drink (category or GI), from which all the alcohol in the product originates, to which other foodstuffs are added and which, as a consequence, is no longer entitled to bear in its description, presentation or labelling the legal name of that category or GI. Instead, it must use the legal name ‘spirit drink’ (16), except when it complies with the requirements permitting the use of a compound term that includes the terms ‘liqueur’ or ‘cream’ (17) as a legal name.
If the resulting product does not comply with the definition of and requirements for a spirit drink (e.g. because of an alcoholic strength below 15% vol. (18)), it will have to bear the appropriate alcoholic beverage name in accordance with Article 17 of the FIC Regulation ( NB: which is never the brand name (19)).
According to Article 3, point (2), ‘‘compound term’ means, in relation to the description, presentation and labelling of an alcoholic beverage, the combination of either a legal name provided for in the categories of spirit drinks set out in Annex I or the geographical indication for a spirit drink, from which all the alcohol of the final product originates, with one or more of the following:
(a) |
the name of one or more foodstuffs other than an alcoholic beverage and other than foodstuffs used for the production of that spirit drink in accordance with Annex I, or adjectives deriving from those names; |
(b) |
the term ‘liqueur’ or ‘cream’.’. |
So, in either case:
— |
the alcoholic ingredient is a spirit drink category or GI (one only) to which one or more foodstuffs (e.g. juices or other non-alcoholic drinks, herbs, spices, sugar, dairy products) are added to confer additional specific organoleptic properties to the final product; |
— |
the foodstuff/foodstuffs combined with the name of the spirit drink are neither a beverage containing alcohol nor any foodstuffs required/allowed for its production according to the relevant rules; |
— |
the combination results necessarily in an alcoholic beverage, i.e. either another spirit drink with the minimum required alcoholic strength of 15% by volume or an alcoholic beverage with less than 15% ABV; |
— |
all the alcohol of the final product must originate from the spirit drink referred to in the compound term (i.e. the final product may not contain any other alcoholic component, except for the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of the final alcoholic beverage – see also § 2.2 below).
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Article 11(2) excludes explicitly following terms from being part of a compound term describing an alcoholic beverage (except if any of those terms is part of a legal name, for instance ‘spirit’, e.g. in ‘wine spirit’ or ‘fruit spirit’, or the German term ‘Wasser’, e.g. in Kirschwasser):
— |
alcohol |
— |
spirit |
— |
drink |
— |
spirit drink |
— |
water |
Such exclusion highlights the interdiction of the use of names relating to foodstuffs that are naturally part of it and aims also at preventing practices that are misleading for the consumer.
NB: |
For instance, a rum containing sweetening products in excess to the allowed threshold of 20 grams per litre, which is thus no longer a rum but must bear the legal name ‘spirit drink’, may not display the compound term ‘sugar rum’ or ‘cane sugar rum’. If other foodstuffs not allowed under category 1 of Annex I are added, the term rum may appear in a compound term such as ‘rum & spices’. If not, the resulting product will have to be labelled as e.g. ‘spirit drink with cane sugar’ (to indicate that sugar was added to it) or ‘cane sugar spirit drink’ (to indicate that sugar was distilled to produce the spirit drink that, however, does not comply with other production requirements for rum). |
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or |
Cognac and Alcohol |
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or |
Scotch Whisky Spirit |
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or |
Ron de Guatemala Drink |
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or |
Cuba rum and sugar |
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or |
Irish Cream Spirit Drink |
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or |
Genever Water |
According to Article 10(6), point (c), a compound term may only supplement the legal name of a spirit drink. Therefore, a compound term cannot be used as a legal name for a spirit drink.
The only exception to this rule is represented by compound terms that include the term ‘liqueur’ or ‘cream’, which, according to Article 10(5), point (b), may replace the legal name provided that the resulting beverage complies with the relevant requirements laid down in the spirit drink category 33 ‘liqueur’ of Annex I.
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In all the cases listed above, the following must be complied with:
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2.2. Conditions of use
Article 11(1) provides for the following conditions of use of a spirit drink name (category or GI) in a compound term:
‘(a) |
the alcohol used in the production of the alcoholic beverage originates exclusively from the spirit drink referred to in the compound term, except for the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of that alcoholic beverage; and |
(b) |
the spirit drink has not been diluted by addition of water only, so that its alcoholic strength is below the minimum strength provided for under the relevant category of spirit drinks set out in Annex I (20).’ |
Therefore, the use of a spirit drink name in a compound term is only allowed under the condition that:
a) |
only the authentic spirit drink has been used, as the name of a spirit drink (category or GI) may not be displayed if the product it refers to does not comply with all requirements laid down for its production;
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b) |
no alcohol other than the alcohol originating from the spirit drink referred to may be added to the final product, with the exception of the alcohol that may be present in flavourings, colours or other authorised ingredients used in its production;
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c) |
the addition of water is only allowed to the extent that the spirit drink still maintains the prescribed minimum alcoholic strength.
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2.3. Labelling provisions
Where a food business operator decides to use a compound term, it is not only necessary to establish that the resulting alcoholic beverage complies with the conditions for using it (see § 2.1 and 2.2 above), but the product is to be labelled accordingly.
Article 11(3) lays down the following labelling provisions for a compound term describing an alcoholic beverage, which shall:
‘(a) |
appear in uniform characters of the same font, size and colour; |
(b) |
not be interrupted by any textual or pictorial element which does not form part of them; |
(c) |
not appear in a font size which is larger than the font size used for the name of the alcoholic beverage; and |
(d) |
in cases where the alcoholic beverage is a spirit drink, always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the compound term, unless the legal name is replaced by a compound term in accordance with Article 10(5), point (b).’ (21) |
Those labelling provisions aim at ensuring that:
(a) and (b): |
the name of the spirit drink used in the compound term does not appear in a more prominent way than the name of the foodstuff that is combined with it, |
(c): |
the (legal) name of the alcoholic beverage does not appear in a font size that is smaller than the font size used for the compound term in order to avoid misleading the consumer as to the actual nature of the product; and |
(d): |
when the final product is a spirit drink, its legal name always appears in the same visual field as the compound term – unless the compound term legitimately replaces the legal name – to avoid misleading the consumer as to the actual nature of the product.
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2.4. Checks
Checks on the (description), presentation and labelling of a product containing a compound term referring to the name of a spirit drink (category or GI) address the compliance with following conditions:
Production:
1) |
the alcoholic ingredient is a spirit drink category or GI (no more than one spirit drink) to which one or more foodstuffs that are not allowed in its production and that are not alcoholic beverages are added to confer additional specific organoleptic properties to the final product; |
2) |
the final product is an alcoholic beverage; |
3) |
the authentic spirit drink has been used, i.e. it complies with all production requirements laid down in the relevant spirit drink category of Annex I or GI technical file/product specification, including its minimum alcoholic strength; |
4) |
all the alcohol originates from the spirit drink referred to, except for the alcohol that may be present in flavourings, colours or other authorised ingredients; |
Labelling:
5) |
the (legal) name is:
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6) |
in the compound term, the name of the spirit drink is combined either with the term ‘liqueur’ or ‘cream’ (if complying with the relevant requirements as indicated under point 5.b. above) or with the name of/adjective for foodstuffs that are not allowed in its production; |
7) |
the (legal) name of the alcoholic beverage must be displayed in a conspicuous way so as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material; |
8) |
the legal name of the spirit drink resulting from the combination of a spirit drink with one or more foodstuffs always appears in the same visual field as the compound term (unless the compound term is also the legal name of the spirit drink in application of Article 10(5), point (b), of the SDR) (23); |
9) |
without prejudice to the legal names provided for in Article 10, the terms ‘alcohol’, ‘spirit’, ‘drink’, ‘spirit drink’ and ‘water’ shall not be part of the compound term; |
10) |
the compound term is written in uniform characters of the same font, size and colours; |
11) |
the words composing the compound term are not interrupted by any textual or pictorial element which does not form part of them; |
12) |
the compound term appears in the same font size used for the (legal) name of the alcoholic beverage or smaller. |
3. ALLUSIONS
Article 3, point (3) |
Definition |
Article 12 |
Conditions for use and labelling provisions |
3.1. What is an allusion
The use of an allusion is an option available under certain conditions to refer to the name of a spirit drink (category or GI) in the (description,) presentation or labelling of another foodstuff.
According to Article 3, point (3), ‘‘allusion’ means the direct or indirect reference to one or more legal names provided for in the categories of spirit drinks set out in Annex I or to one or more geographical indications for spirit drinks, other than a reference in a compound term or in a list of ingredients as referred to in Article 13(2) to (4) in the description, presentation and labelling of:
(a) |
a foodstuff other than a spirit drink, |
(b) |
a spirit drink that complies with the requirements of categories 33 to 40 of Annex I, or |
(c) |
a spirit drink that complies with the conditions laid down in Article 12(3a).’ |
In other words, an allusion to spirit drinks names may be made in:
— |
the presentation and labelling of foodstuffs other than alcoholic beverages; |
— |
the presentation and labelling of alcoholic beverages other than spirit drinks; |
— |
the description, presentation and labelling of liqueurs; |
— |
the description, presentation and labelling of spirit drinks other than liqueurs [only admitted in specific cases that could not be qualified as compound terms or mixtures, for which specific labelling provisions are of application (see Chapters 2 above and 4 below)]. |
According to Article 10(6), point (c), an allusion may only supplement the legal name of a spirit drink. Consequently, an allusion on a spirit drink may never replace its legal name but should be added to it in accordance with the labelling rules provided for in Article 12(4) (see § 3.2.3 and 3.2.4 below).
An allusion is the reference to one or more names of spirit drinks (categories or GIs) in the presentation and labelling of another foodstuff. Where the allusion is made on a spirit drink , it may never be used as its legal name . |
NB: |
The question was raised as to how the provision of Article 10(7), first paragraph, of the SDR – prohibiting the use of a spirit drink name (category or GI) in the description, presentation and labelling of any beverage not complying with the requirements laid down for that spirit drink category or GI except in case of allusions, compound terms and ingredients lists – is to be understood in relation to the horizontal obligation to indicate details on the food business operator in line with Articles 8(1) and 9(1)(h) of the FIC Regulation. In fact, it may happen that the name or the address of a food business operator (but also logos or registered brand names) include the name of a spirit drink category (e.g. ‘Guadeloupe Rum Distilleries‘ or ‘ Vodka Brand X Company‘) or GI (e.g. Bassano del Grappa ). This question is even more relevant if the spirit drink upon which such food business operator name or address is displayed does not belong to the same spirit drink category (e.g. if the ‘ Vodka Brand X Company‘ produces gin ). The reply is that the two legal obligations (one under SDR and the other under FIC rules) are not necessarily incompatible: if the name or address of a company (lawfully) include the name of a spirit drink category or GI but such name is not being used as the legal name of the spirit drink , that name or address should be indicated as both provisions are applicable in parallel and the provision of the SDR does not prevent the indication of the business name in application of the FIC. The same applies to descriptive names (in the sense of Article 2(2), point (p), of the FIC Regulation) for alcoholic beverages other than spirit drinks, which should not be incompatible with the prohibition to mention the name of a spirit drink in application of Article 10(7), first paragraph, of the SDR. |
3.2. Conditions of use and labelling provisions
According to Article 12, different rules apply in case the allusion to the name of a spirit drink is made on:
a) |
a foodstuff other than an alcoholic beverage; |
b) |
an alcoholic beverage other than a spirit drink; |
c) |
a spirit drink falling under any of categories 33-40 of Annex I (liqueurs); or |
d) |
a spirit drink other than a liqueur (in specific, limited cases).
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NB: |
It is reminded that, according to Article 10(7), second paragraph, of the SDR, the names of spirit drink GIs may not be used to describe flavourings imitating those GIs or their use in any foodstuff. |
3.2.1. Allusions on foodstuffs other than alcoholic beverages
Article 12(1) allows the allusion to the name of one or more spirit drinks (categories or GIs) in the presentation and labelling of a foodstuff other than an alcoholic beverage, on condition that the ‘alcohol used in the production of the foodstuff originates exclusively from the spirit drink or the spirit drinks referred to in the allusion.’
The only exception allowed to that condition is ‘the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of that foodstuff’, i.e. the alcohol that has been used to prepare those ingredients.
Except for that, all the alcohol present in the final product must thus originate from the authentic spirit drink (i.e. that complies with all requirements laid down for the respective category or GI – including the minimum alcoholic strength at the time when it is used), without any addition of ethyl alcohol or distillates or other spirit drinks.
In particular, there are two possible cases:
a) |
a liquid foodstuff other than an alcoholic beverage and other than water, to which more than one spirit drink (25) have been added, that will result in an alcoholic beverage (i.e. a drink with a certain alcoholic strength, depending on the quantity of alcohol that is necessarily added through those spirit drinks);
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b) |
a non-liquid foodstuff to which one or more spirit drinks have been added during its preparation, that will necessarily result in a foodstuff with a certain residual content of alcohol, depending on the quantity of spirit drink(s) used. However, some of that alcohol may evaporate in preparation processes such as baking. |
The labelling of such foodstuff is not regulated by the SDR, therefore the FIC Regulation applies, in particular Article 36 on voluntary information and Article 7 on fair information practices.
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3.2.2. Allusions on alcoholic beverages other than spirit drinks
Article 12(2) allows the allusion to the name of one or more spirit drinks (categories or GIs) in the presentation and labelling of an alcoholic beverage other than a spirit drink, on condition that:
‘(a) |
the added alcohol originates exclusively from the spirit drink or spirit drinks referred to in the allusion; and |
(b) |
the proportion of each alcoholic ingredient is indicated at least once in the same visual field as the allusion, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product.’ |
This provision addresses all beverages containing alcohol that are not spirit drinks, including among others:
1) |
Wine (without prejudice to the provisions of Regulation (EU) No 1308/2013 (26)); |
2) |
Aromatised wine products (without prejudice to the provisions of Regulation (EU) No 251/2014 (27)); |
3) |
Beer; |
4) |
Cider, perry and other fermented beverages. |
The legislator introduced this new provision, not present in Regulation (EC) No 110/2008, in order to clarify the conditions applicable to the allusions to spirit drinks in the presentation and labelling of other alcoholic beverages.
In fact, this implies the addition of alcohol to the alcohol naturally present in the alcoholic beverage, contradicting thus apparently the principle that the alcohol must originate exclusively from the spirit drink(s) referred to.
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Beer flavoured with Genever compound aromas |
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Sangria refined with Madeira Rum** |
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The clarification on the fact that, in case of allusions on alcoholic beverages the added alcohol must originate from the spirit drink(s) referred to, allowed the legislator to provide that the same labelling rule previously provided by Article 11(5) of Regulation (EC) No 110/2008 for mixtures only, shall now apply also to alcoholic beverages making allusion to one or more spirit drinks. This aims at informing the consumer about the proportion in the final product of the alcohol deriving respectively from the initial alcoholic beverage and the spirit drink(s) referred to in the allusion.
Accordingly, in case of allusion to one or more spirit drinks, a list of alcoholic ingredients is to be displayed at least once in the same visual field as the allusion and indicating in descending order the proportion (in percentage) of the pure alcohol represented by each alcoholic ingredient in the final product (Article 12(2), point (b)).
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3.2.3. Allusions on liqueurs
Article 12(3) allows the allusion to the name of one or more spirit drinks (categories or GIs) in the description, presentation and labelling of a spirit drink that complies with the requirements of any of categories 33 to 40 of Annex I (i.e. liqueurs), on condition that:
‘(a) |
the added alcohol originates exclusively from the spirit drink or spirit drinks referred to in the allusion; |
(b) |
the proportion of each alcoholic ingredient is indicated at least once in the same visual field as the allusion, in descending order of quantities used. That proportion shall be equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product; and |
(c) |
the term ‘cream’[NB: only the English term ‘cream’] does not appear in the legal name of a spirit drink that complies with the requirements of categories 33 to 40 of Annex I or in the legal name of the spirit drink or spirit drinks referred to in the allusion.’ |
This provision addresses any of the categories 33-40 (liqueurs) in derogation from the provisions on mixtures laid down in Article 13(4).
In fact, the addition of one or more spirit drinks to a liqueur would account as a mixture according to the definition provided for in Articles 3(9) and (10) and would have to be labelled accordingly.
Nonetheless, the legislator introduced an exception to the scope of applicability of the rules on allusion, initially intended to be limited to foodstuffs other than spirit drinks. This was done to ensure that the consumer is properly informed about the content of a liqueur to which a different spirit drink is added to confer to it a particular organoleptic characteristic. This is common practice, given that – among others – liqueurs may be produced by combining one or more spirit drinks (see point 33(a)(ii) of Annex I).
In fact, the provisions on mixtures laid down in Articles 13(3) and (4) require that the name of spirit drinks (and other alcoholic components of the mixture) are to be indicated exclusively in a list of the alcoholic ingredients. Instead, under the provisions governing allusions on liqueurs, the name of the added spirit drink(s) may appear anywhere, as long as it is in the same visual field as the legal name (as required by Article 12(4), point (c), see § 3.2.5 below). In order to mitigate the risk of misuse and misleading practices, the legislator introduced also in case of allusions on liqueurs (as for mixtures) the requirement to display a list of alcoholic ingredients at least once in the same visual field as the allusion and indicating in descending order the proportion (in percentage) of the alcohol represented by each alcoholic ingredient in the final product (Article 12(3), point (b)).
Moreover, the labelling provisions laid down in Article 12(4), point (a) and (b), require that the allusion shall not be on the same line as the legal name of the liqueur and shall appear in a font size which is half (or less) the font size used for the legal name or possible compound terms.
However, contrary to the list of alcoholic ingredients for mixtures (which shall also be written in a font size that is no larger than half the font size used for the legal name: see Article 13(3), second subparagraph and Article 13(4), second subparagraph, point (a), as well as § 4.2.1 and 4.2.2 below), allusions on liqueurs may appear in characters that are not of the same font and colour as those used for the legal name.
Finally, Article 12(4), point (c), provides that allusions on liqueurs shall ‘always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the allusion.’ (see § 3.2.5 below).
NB: |
The legislator introduced a limitation to the above provision, i.e. legal names including the term ‘cream’ are not permitted when liqueurs make allusion to spirit drinks. This exception only applies to the term in English (and not in other languages) and aims at safeguarding the reputation of the Irish Cream GI. |
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BUT NOT: Brandy Cream avec/with Rhum |
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BUT NOT: Orujo Cream con/with Whisky |
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NB: |
Some argue that the possibility to make allusion to spirit drinks on a liqueur weakens the requirement that, in compound terms, all the alcohol must originate from the spirit drink referred to. In fact, whereas in a ‘Whisky Liqueur’ all the alcohol must stem from whisky, a ‘Liqueur with (a dram of) Whisky’ may be produced by using also other types of alcohol. |
For this reason, it is recommended that, where allusions are made on liqueurs, the legal name ‘liqueur’ should always be supplemented by the name of the main raw material used to confer to it its predominant flavour (e.g. Coconut Liqueur with a shot of Rum; Chocolate Liqueur with a hint of Brandy). Otherwise, in presence of allusions, the use of the legal name ‘liqueur’, without being supplemented by the name of the main flavouring used, might hint to an underlying intention to mislead consumers.
3.2.4. Allusions on spirit drinks other than liqueurs
Article 12(3a) allows the allusion to the name of one spirit drink (category or GI) in the description, presentation and labelling of a spirit drink other than a liqueur (i.e. complying with the requirements of any of categories 33 to 40 of Annex I), ‘on condition that:
(a) |
the spirit drink referred to in the allusion:
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(b) |
the spirit drink has been stored for the full maturation period or part of it in a wooden cask previously used to mature the spirit drink referred to in the allusion, on condition that:
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Also in these cases, according to Article 12(4), point (c), the allusion shall ‘always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the allusion.’ (see § 3.2.5 below).
3.2.4.1.
Producers may want to create innovative products by experimenting with established spirit drink categories or GIs and transforming them in different spirit drink category.
In specific cases, the legislator allows those producers to make allusion to the legal name of the initial spirit drink in the description, presentation and labelling of the final spirit drink under the conditions listed in the previous paragraph.
On the other hand, some spirit drink categories – e.g. flavoured vodka – may be produced by using another spirit drink category – in the case of the example: vodka – as its sole alcoholic base and the producer may have an interest in making allusion to that alcoholic ingredient in the description, presentation and labelling of the final product.
The provisions of Article 12(3a), point (a), of the SDR cover precisely the above-mentioned cases.
In order to prevent the misuse of the reputation of a spirit drink (category or GI), the legislator has provided that any reference to its legal name in the description, presentation or labelling of another spirit drink produced by using the spirit drink to which allusion is made as its only alcoholic base, is only allowed if the final spirit drink complies with the requirements of a spirit drink category and must thus bear the legal name provided for by that spirit drink category.
This implies that it will never be possible to make allusion to a spirit drink category or GI used as sole alcoholic base on a product generically labelled as ‘spirit drink’.
Moreover, the prohibition to add foodstuffs that are not allowed in the production of the spirit drink to which allusion is made or of the final spirit drink according to the relevant rules laid down in Annex I for spirit drink categories or in the technical file/product specification for spirit drink GIs, excludes any overlapping between allusions on spirit drinks and compound terms which require precisely the combination with one or more of such foodstuffs (see § 2.1 above).
Finally, to make allusion to the legal name of a spirit drink in the description presentation and labelling of another spirit drink, the alcoholic strength of the final spirit drink may not be lower than the minimum alcoholic strength required for the spirit drink to which allusion is made in accordance with the rules laid down in Annex I to the SDR for spirit drink categories or the relevant technical file/product specification for spirit drink GIs (see examples in #31).
NB: |
The question was raised whether the repetition of the name of a spirit drink (category or GI) already indicated in a compound term – for instance to describe specific properties of that spirit drink – is to be considered as an allusion. The above-mentioned provisions of Article 12(3a), point (a), of the SDR clearly exclude such possibility. In that case, the repeated reference to the name of the spirit drink used in combination with another foodstuff should be understood as an ‘extension’ of the use of that name in the compound term and should comply with the labelling rules laid down in Article 11(3) of the SDR. |
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3.2.4.2.
As explained above (see § 1.5), terms referring to the storage of a spirit drink for the entire or part of the maturation period in wooden casks previously used to mature another spirit drink cannot be considered as a voluntary information within the meaning of Article 36 of the FIC Regulation due to the provision laid down in Article 10(7), first subparagraph, of the SDR prohibiting the use of spirit drinks names in the description, presentation or labelling of any beverage not complying with the requirements laid down in the SDR or the relevant GI technical file/product specification.
The only exceptions allowed to that prohibition relate to the labelling of compound terms, allusions and ingredients list, as regulated by Articles 11, 12 and 13(2) to (4) of the SDR. Therefore, the reference to a spirit drink in whose wooden cask another spirit drink has subsequently been matured is not only a voluntary information according to the FIC, but also an allusion regulated by Article 12(3a) of the SDR.
NB: |
Article 12(3a), point (b), letter (i), of the SDR, requires for those spirit drinks (categories or GIs) for which the addition of alcohol, diluted or not, is prohibited, to empty the wooden cask of its previous contents. This requirements applies e.g. to spirit drink categories 1-14. For spirit drink categories or GIs for which the above requirement does not apply, it is therefore not prohibited to leave in the wooden cask some of the spirit drink that had previously been matured in it. However, such practice, where used, would need to be properly labelled in accordance with Article 13(3) or (4) of the SDR (i.e. the labelling provisions for mixtures ) in addition to the labelling provisions laid down in Article 12(3a), point (b), letters (ii) to (iv), of the SDR, for allusions to spirit drinks casks (see example 3 in #33). |
NB: |
According to Article 12(3a), point (b), letters (ii) to (iv), of the SDR, and in derogation to the general labelling rule applicable to allusions on alcoholic beverages (i.e. that the allusion shall appear in a font size which is no larger than half the font size used for the name of the alcoholic beverage or possible compound terms used), the allusion to spirit drink casks may appear in a font size which is no larger than the font size used for the legal name of the spirit drink or any compound term used, as long as it clearly refers to the cask used to mature the resulting spirit drink and that it appears in a less prominent way than the legal name of the spirit drink or any compound term used. However, spirit drinks referred to in that provision that were labelled before 31 December 2022 in application Article 4 of Implementing Regulation (EU) No 716/2013 (i.e. merely requiring that the allusion appears in a font size smaller than those used for the sales denomination and the compound term) may continue to be placed on the market until stocks are exhausted. In any case, even during this transitional period, it is recommended that the allusion to spirit drink casks is not labelled in a more prominent way than the legal name of the spirit drink (e.g. by using a different background, colours or character type). |
Other than the aspects that need to be assessed by the national competent authorities concerning the correct use of references to the maturation in wooden casks previously used to mature other alcoholic beverages (notably wine or beer) listed under § 1.5 above, including the compliance with Article 7(1) of the FIC Regulation, for allusions to spirit drinks’ casks it is recommended that:
1) |
the spirit drink has indeed been matured in a wooden cask previously used to mature the spirit drink to which allusion is made: in fact, maturation as defined by Article 4, point (11), of the SDR, entails ‘the storage of a spirit drink in appropriate receptacles for a period of time for the purpose of allowing that spirit drink to undergo natural reactions that impart specific characteristics to that spirit drink’. This means, for example, that the use of inert containers such as plastic drums or the use of wood chips as a substitute for maturation in a wooden cask, are not permitted; |
2) |
for those categories of spirit drinks which prohibit the addition of alcohol (e.g. categories of spirit drinks 1 to 14 of Annex I, as provided for in Article 7(2), point (b), of the SDR), casks used for maturation are emptied of their previous contents; |
3) |
since the cask used to mature a spirit drink has a significant effect on its character, it is legitimate to provide consumers with information on the previous contents of the cask used. However, such information must be clear and unambiguous, it shall refer to the cask used and not merely to the spirit drink previously matured in it and shall not mislead the consumer as provided for by Articles 7(1a), 7(2) and 36 of the FIC Regulation. For example:
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3.2.5. Other labelling rules for allusions
Article 12(4) provides that ‘the allusions referred to in paragraphs 2, 3 and 3a shall:
(a) |
not be on the same line as the name of the alcoholic beverage; |
(b) |
appear in a font size which is no larger than half the font size used for the name of the alcoholic beverage and, where compound terms are used, in a font size which is no larger than half the font size used for such compound terms, in accordance with point (c) of Article 11(3); and |
(c) |
in case of allusions in the description, presentation and labelling of spirit drinks, always be accompanied by the legal name of the spirit drink, which shall appear in the same visual field as the allusion.’ (28) |
The provisions laid down in Article 12(4) are thus mandatory when allusions are made on alcoholic beverages but not when allusions are made on foodstuffs other than alcoholic beverages (Article 12, paragraph 1). For those (e.g. rum ice cream, Kirschpralinen, Egg liqueur cake), the general labelling rules of the FIC Regulation are of application and in particular Article 7 on fair information practices.
Moreover, when allusions to spirit drinks are made on alcoholic beverages other than spirit drinks and on liqueurs, the proportion of the alcohol represented by each alcoholic ingredient is to be indicated at least once: in the same visual field as the allusion and in descending order of quantities used.
In the above examples, the name of the foodstuff (beer, apple cider, aromatised wines, chocolate liqueur, crème de brandy, liqueur, wine spirit) and the compound terms (crème de brandy – which may be both a compound term and the legal name –, chocolate liqueur and egg liqueur & cinnamon) are not on the same line as the allusion (Genever, Punch au Rhum, Cognac, Maraschino, Gin, Brandy, Irish Whisky, Rum, Bourbon cask).
In any case, when the resulting beverage is a spirit drink, its legal name shall always be indicated in the same visual field where appears the allusion, which shall be written in a font size which is half the font size used for the legal name of the spirit drink and of the possible compound term, or smaller (except for allusions to spirit drinks’ casks, which can be displayed in a font size no larger than the font size used for the legal name of the spirit drink and possible compound terms).
The allusion may however appear in characters that are of a different font and colour or against a different background than the name of the alcoholic beverage/compound term. Nevertheless, it is recommended that the allusion is displayed in a less prominent way than the name of the alcoholic beverage. This recommendation becomes a legal obligation for allusions to spirit drinks’ casks, so as to balance the less restrictive font size requirement provided for those allusions.
3.3. Allusion to flavourings ‘emulating’ spirit drinks
As already mentioned (see § 1.3. above), according to Article 10(7), first subparagraph, a spirit drink name (category or GI) may not be used in any way whatsoever on the (description), presentation and labelling of any beverage that does not comply with the production requirements laid down in the respective spirit drink category or GI technical file/product specification.
This strict prohibition includes explicitly also the cases where it is clearly stated on the (description), presentation and labelling that it is an imitation by using terms such as ‘like’, ‘type’, ‘style’, ‘made’, ‘flavour’, etc.
The name of a spirit drink (category or GI) may not be used to (describe), present or label a beverage different from that spirit drink. |
This prohibition is obviously without prejudice to the provisions laid down for compound terms (Article 11), allusions (Article 12) and list of (alcoholic) ingredients (Articles 13(2) to (4)), which of course apply provided that all the relevant rules are complied with.
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Nonetheless, by introducing Article 10(7), second subparagraph, the legislator has decided that – whereas it is clear that, in order not to risk misleading the consumer, the name of a spirit drink (category or GI) may not be used to describe a beverage that does not comply with its requirements – the names of spirit drink categories may be used as:
1) |
part of the reference to a flavouring, or |
2) |
in the presentation and labelling of foodstuffs other than beverages produced by using those flavourings, |
even if those products do not comply with the requirements laid down for the spirit drink category they refer to in their presentation and labelling.
The legislator acknowledged thus a common practice on the market, whereas certain flavourings bear the name of spirit drink categories (e.g. rum flavour or brandy flavouring) although they are not in compliance with the requirements of those categories, which however is not bound to mislead the consumer.
Nonetheless, in order to confer more stringent protection to GIs, in Article 10(7), second subparagraph, the legislator has explicitly forbidden that the names of geographical indications for spirit drinks be used to describe any flavourings or foodstuffs flavoured with those flavourings.
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3.4. Low/zero-alcohol beverages referring to spirit drinks’ names
As already mentioned (see § 1.3 and 3.3 above), Article 10(7), first subparagraph, of the SDR prohibits the use of legal names of spirit drink categories or geographical indications for spirit drinks in the description, presentation and labelling of any beverage not complying with the requirements of the relevant spirit drink category or GI. That prohibition also applies where such legal names or geographical indications are used in conjunction with words or phrases such as ‘like’, type’, ‘style’, ‘made’, ‘flavour’ or any other similar term.
NB: |
Such prohibition extends also to phantasy names or references such as e.g. ‘no Gin’, ‘for Gin lovers’, ‘VirGin’, ‘Ginfection’ to describe beverages not complying with the requirements laid down in category 20 of Annex I to the SDR. |
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– or – |
Alcohol-free Spirit Drink |
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– or – |
Zero alcohol Gin-Tonic |
||
|
–or – |
Non-alcoholic Whisky & Coke |
The provisions governing compound terms and allusion are listed among the exceptions to above-mentioned prohibition. However, the reference to the name of a spirit drink in a beverage containing no alcohol would not be possible under either compound terms or allusions rules due to the condition that all the alcohol in the final product must originate from the spirit drink referred to.
In fact, if the final beverage does not contain any alcohol at all, the spirit drink referred to may not reasonably be expected to comply with all requirements (notably the minimum required alcoholic strength) of the spirit drink category or geographical indication whose name has been used on the label.
Any beverage referring to a spirit drink name (be it in a compound term or an allusion) is always an alcoholic beverage . |
In this context, it is worthwhile underlining that the term ‘alcoholic beverage’ is not defined in the EU legislation, although, for its own purposes, the Union Customs Code classifies as ‘non-alcoholic’ beverages with an alcoholic strength by volume not exceeding 0.5 %, while beverages with more than 0.5% alcohol by volume are classified as alcoholic beverages (30).
As far as the FIC is concerned, its Articles 16(4) and 28(2) refer to alcoholic beverages containing more than 1.2% by volume of alcohol not with the purpose to define what an alcoholic beverage is but merely to determine the alcoholic beverages (i.e. those containing more than 1.2% by volume of alcohol) that are respectively exempted from the mandatory indication of the nutrition declaration and the list of ingredients or required to indicate the actual alcoholic strength on the label.
However, in the absence of a definition of ‘alcoholic beverage’ in the EU food legislation, and specifically for the purposes of compound terms or allusions to the name of spirit drinks on the label of other foodstuffs, resulting drinks containing 1.2% by volume of alcohol or less are still to be considered as alcoholic beverages in the context of the SDR.
Nonetheless, as referred to in Article 38(2) of the FIC Regulation, Member States may adopt national measures concerning matters not specifically harmonised by this Regulation provided that they do not prohibit, impede or restrict the free movement of goods that are in conformity with this Regulation. Of course, such national measures shall not authorise practices which may be misleading to the consumer.
It should be further noted that in recent years we have observed a tendency of increasing marketing of partially or totally dealcoholized beverages. This is notably the case of beer, which is a product that is not regulated at EU level.
Legitimately, in the absence of EU rules in this respect, and in view of providing appropriate information to consumers, Member States may adopt provisions to determine the alcohol content thresholds that may trigger definitions such as ‘non-alcoholic’, ‘low-alcohol’, ‘de-alcoholised’ on beverages that are not regulated at EU level.
This excludes obviously the use of such terminology on spirit drinks, wine (31) and aromatised wine products, which are subject to specific provisions at EU level.
However, other beverages, such as beer or alcopops, i.e. drinks resulting from the combination of any beverage with spirit drinks (which is the case of certain allusions, as defined by Article 3, point (3)(a), and regulated by Article 12(1) and (2) of the SDR) may benefit of such national definitions (where they exist).
Consequently, the labelling of a beverage as for example:
— |
‘vodka & orange (compound term) |
non-alcoholic beverage’ - with 0,05% alcohol by volume,
is not allowed under EU law (32).
On the other hand, given that beer is not regulated at EU level, the following labelling could be allowed by national legislation (where it exists):
— |
‘ no-alcohol beer with a shot of gin (allusion) - with 0,4% alcohol by volume, or as |
— |
‘ low-alcohol beer refined with rum ’ (allusion) - with 1% alcohol by volume. |
In 2021, the Commission launched a tender for a study to further examine the above issues in view of determining whether specific legislation is needed.
3.5. Checks
Checks on the (description), presentation and labelling of a product containing an allusion to the name of a spirit drink (category or GI) address the compliance with following conditions:
3.5.1. On foodstuffs other than alcoholic beverages
Production:
1. |
the foodstuff making allusion to the spirit drink(s) is a foodstuff (liquid or not) other than an alcoholic beverage (i.e. that does not contain any alcohol); |
2. |
the resulting product is an alcoholic beverage or a non-liquid foodstuff containing alcohol, even if only traces; |
3. |
the spirit drink(s) referred to in the allusion comply/ies with all requirements laid down for its/their production in the relevant spirit drink category of Annex I or GI technical file/product specification, including its/their minimum alcoholic strength, i.e. only authentic spirit drinks may be referred to in an allusion; and |
4. |
all the alcohol in the resulting product originates from the spirit drink(s) referred to in the allusion (except for the alcohol that may be present in flavourings, colours or other authorised ingredients used for the production of the initial foodstuff). |
Labelling:
5. |
in case of liquid foodstuffs, allusions are only possible to more than one spirit drink (the combination of one spirit drink with other foodstuffs being subject to the rules on compound terms); |
6. |
the final product is labelled in compliance with the provisions of the FIC Regulation. |
3.5.2. On alcoholic beverages other than spirit drinks
Production:
1. |
the foodstuff making allusion to the spirit drink(s) is an alcoholic beverage other than a spirit drink (e.g. wine, aromatised wine product, beer, cider, perry, other fermented beverages); |
2. |
the resulting product is still an alcoholic beverage; |
3. |
the spirit drink(s) referred to in the allusion comply/ies with all requirements laid down for its/their production in the relevant spirit drink category of Annex I or GI technical file/product specification, including its/their minimum alcoholic strength, i.e. only authentic spirit drinks may be referred to in an allusion; |
4. |
all the added alcohol originates from the spirit drink(s) referred to in the allusion (i.e. in addition to the alcohol naturally present in the initial alcoholic beverage), with the exception of the alcohol that may be present in possible flavourings, colours or other authorised ingredients. |
Labelling:
5. |
possible allusions on wine and aromatised wine products must comply with the specific EU legislation for those products; |
6. |
the name of the alcoholic beverage must be displayed in a conspicuous way so as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material; |
7. |
the allusion is not on the same line as the name of the alcoholic beverage; |
8. |
the allusion appears in a font size which is no larger than half the font size used for the name of the alcoholic beverage and of the compound terms, where compound terms are used; and |
9. |
the proportion of each alcoholic ingredient is indicated at least once: in the same visual field as the allusion and in descending order of the quantities used. That proportion is equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product. |
3.5.3. On liqueurs
Production:
1. |
the foodstuff making allusion to the spirit drink(s) is a liqueur, i.e. a spirit drink complying with the requirements of any of categories 33 to 40 of Annex I to the SDR (liqueurs); |
2. |
the resulting product is still a liqueur, i.e. a spirit drink complying with the requirements of category 33 of Annex I (liqueur); |
3. |
the spirit drink(s) referred to in the allusion comply/ies with all requirements laid down for its/their production in the relevant spirit drink category of Annex I or GI technical file/product specification, including its/their minimum alcoholic strength, i.e. only authentic spirit drinks may be referred to in an allusion; |
4. |
all the added alcohol originates from the spirit drink(s) referred to in the allusion (i.e. in addition to the alcohol naturally present in the initial liqueur), with the exception of the alcohol that may be present in possible flavourings, colours or other authorised ingredients. |
Labelling:
5. |
the legal name is ‘liqueur’ as the resulting spirit drink still complies with the relevant requirements of category 33 of Annex I or one of the legal names provided for by the other liqueur category whose requirements it complies with; |
6. |
the legal name of the liqueur must be displayed in a conspicuous way so as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material; |
7. |
the allusion is always accompanied by the legal name of the liqueur, which shall appear in the same visual field (33); |
8. |
the allusion is not on the same line as the legal name of the liqueur; |
9. |
the allusion appears in a font size which is no larger than half the font size used for the legal name of the liqueur and of the compound terms, where compound terms are used; |
10. |
the term ‘cream’ (in English only) does not appear either in the legal name of the liqueur nor in the legal name of the spirit drink(s) referred to in the allusion; and |
11. |
the proportion of each alcoholic ingredient is indicated at least once: in the same visual field as the allusion and in descending order of the quantities used. That proportion is equal to the percentage by volume of pure alcohol it represents in the total pure alcohol content by volume of the final product. |
3.5.4. On spirit drinks other than liqueurs
Production:
1. |
the foodstuff making allusion to the (one) spirit drink is a spirit drink other than a liqueur, |
2. |
in that case the allusion can occur in the two following cases:
|
Labelling:
3. |
the legal name of the spirit drink must be displayed in a conspicuous way so as to be easily visible, clearly legible and, where appropriate, indelible. It shall not in any way be hidden, obscured, detracted from or interrupted by any other written or pictorial matter or any other intervening material; |
4. |
the allusion is always accompanied by the legal name of the spirit drink, which shall appear in the same visual field (34); |
5. |
the allusion is not on the same line as the legal name of the spirit drink; |
6. |
in case of allusions to spirit drinks used as sole alcoholic base: the font size used for the allusion is no larger than half the font size used for the legal name of the spirit drink and for the compound term(s), where compound terms are used (35); |
7. |
in case of allusions to a spirit drink cask:
|
3.5.5. On ‘imitation’ flavourings
1. |
Spirit drinks names (both categories and GIs) are used exclusively:
|
2. |
Exception: the legal name of a spirit drink category (not a GI name) has been used to define:
|
3.5.6. Allusions to GIs
Besides the recommendation that no ‘comparable’ ingredients should be used (except for other spirit drinks, in compliance with the provisions on allusions), any allusion to a spirit drink with geographical indication should also comply with the condition that the taste is recognizable and attributable primarily to that GI.
This latter requirement renders checks particularly cumbersome as it is already quite difficult to control the presence of authentic whisky or apricot spirit in foodstuffs such as cake, chocolate or yogurt, but it is even more difficult to check analytically and organoleptically if for example the whisky is Scotch Whisky or the apricot spirit is Kecskeméti barackpálinka.
It is recommended to focus checks on the documentation that can be found at production premises during on-the-spot checks: the producer of foodstuffs such as cake, chocolate, etc. (in the above examples) can be asked to identify the supplier of the GI spirit drinks and provide receipts and documentation.
There may also be a specific agreement with the supplier relating to the authenticity of the product. The presence of such documentation may contribute to proving authenticity. However, the absence of supplier documentation does not necessarily indicate a fraud but may be grounds for making further enquiries.
If the paper traceability exercise does not provide sufficient guarantees and there are still doubts, analytical tests can be used.
Depending on the case, it could be appropriate to apply the isotopic mass spectroscopy analysis and use isotopic databases as a reference.
|
Of course such analyses might seem complex but this is just a possible method to identify the product and they are not a systematic requirement. It is up to the competent authority to identify the best tool to be used.
4. MIXTURES
Article 3, points (9) and (10) |
Definitions |
Articles 13(3) and (4) |
Conditions for use and labelling provisions |
4.1. What are mixtures
Under certain conditions, the names of spirit drink (categories or GIs) may be indicated in the description, presentation and labelling of spirit drinks that have been produced by combining different alcoholic ingredients.
According to Article 3, point (10), ‘‘mixture’ means a spirit drink that has undergone mixing’, whereas according to Article 3, point (9) ‘‘to mix’ means to combine a spirit drink that either belongs to a category of spirit drinks set out in Annex I or to a geographical indication with one or more of the following:
(a) |
other spirit drinks which do not belong to the same category of spirit drinks set out in Annex I; |
(b) |
distillates of agricultural origin; |
(c) |
ethyl alcohol of agricultural origin.’
|
Other foodstuffs may be added exclusively through their use as ingredients in the production of one or more spirit drinks composing the mixture.
The typical example of such spirit drinks through which other foodstuffs are added is represented by liqueurs that, according to the requirements of spirit drink category 33, may be produced by adding sweetening products, flavourings, products of agricultural origin or foodstuffs to ethyl alcohol of agricultural origin, distillates of agricultural origin, one or more spirit drinks or a combination thereof.
Through the addition of a liqueur to a mixture, all ingredients used to produce that liqueur are also introduced into the mixture itself.
|
NB: |
Mixtures of two specifically defined spirit drink categories other than liqueurs – e.g. of a grain brandy (category 3 of Annex I, which requires a minimum alcoholic strength by volume of 35 %) and a Williams (category 9 of Annex I, which requires a minimum alcoholic strength by volume of 37.5 %) – should have an actual alcohol content corresponding to the calculated combined minimum alcohol content of the two, i.e. for example 36.5% vol. In fact, where water or other liquids are added so that the alcoholic strength of any spirit drink is below the minimum strength provided for under the relevant spirit drink category set out in Annex I, that spirit drink can no longer use any of the names laid down in the respective category as legal name, whether one or more spirit drink categories are indicated in the description, presentation and labelling of the final product. The same applies if flavourings, colours or sweetening products are added in breach of the requirements laid down for the respective spirit drink category. In that case the final beverage would not represent a mixture in the sense of Article 3, points (9) and (10), and could not be labelled as such in accordance with the labelling rules for mixtures, and the names of the spirit drinks used could only be included in a list of ingredients as provided by Articles 18 to 22 of the FIC Regulation. |
NB: |
For the purpose of the SDR, only cocktails resulting exclusively from a combination of different categories of spirit drinks, distillates of agricultural origin and/or EAAO can be considered as mixtures and labelled as such. Moreover, the conditions of use and labelling provisions on mixtures are only relevant for pre-packed drinks. Nonetheless, it should be pointed out that, in some ready-to-drink cocktails recipes, liqueurs may incorporate for instance the sugar and foodstuffs (e.g. fruit juices/milk products) needed for realising the cocktail. In that case, the cocktail could still be considered and labelled as a mixture, on condition that the liqueur(s) used comply with the requirements laid down in spirit drink category 33 (notably the minimum alcoholic strength and minimum sugar content) and that the resulting beverage is still a spirit drink, e.g. has a minimum alcoholic strength of 15% by volume. |
4.2. Conditions of use and labelling provisions
4.2.1. General rules
Article 13(3) provides for the general condition of use and labelling for mixtures.
In order to protect spirit drink names (categories or GIs) from undue misappropriation, Article 13(3), first subparagraph, provides that, in the case of mixtures, those names ‘may be indicated only in a list of the alcoholic ingredients appearing in the same visual field as the legal name of the spirit drink’.
The legal name will be ‘spirit drink’ in case the mixture does not correspond to any spirit drink category.
In that case, according to Article 13(3), second subparagraph, the list of alcoholic ingredients of a mixture is to be accompanied by at least one of the following terms: ‘mixture’, ‘mixed’ or ‘mixed spirit drink’.
The selected term may precede or follow the list of alcoholic ingredients or be placed on another line with respect to it, as long as it appears in the same visual field as the list itself and the legal name of the mixture.
Moreover, both the list of alcoholic ingredients and the accompanying term shall appear in uniform characters of the same font and colour and in a font size which half the font size used for the legal name or less (Article 13(3), second subparagraph).
Finally, the label shall display at least once the percentage proportion of the volume of pure alcohol represented by each alcoholic ingredient in descending order of quantity used in the mixture (Article 13(3), third subparagraph).
NB: |
For the purpose of the labelling provisions on mixtures under the SDR, alcoholic ingredients are either spirit drinks (as such), EAAO or distillates of agricultural origin, as indicated in Article 3, point 9, of the SDR. On the other hand, in a list of ingredients as regulated by Articles 18 to 22 of the FIC Regulation, the single ingredients of a spirit drink need to be broken down (i.e. the ingredients of an Orange Liqueur, which is a spirit drink as such, would have to be identified in an ingredients list according to the FIC as e.g. EAAO, sugar and orange flavouring). |
4.2.2. Mixtures corresponding to a spirit drink category
Article 13(4) provides the specific conditions of use and labelling for mixtures corresponding to one or more spirit drink categories.
This is typically the case of liqueurs belonging to spirit drink category 33. In that case, the legal name of the mixture will be one of the legal names provided for in the relevant category (e.g. ‘liqueur’, ‘cream’).
Also in case of mixtures corresponding to one or more categories, the spirit drink names (categories or GIs) used in the production of the mixture may appear:
‘a) |
exclusively in a list of all the alcoholic ingredients contained in the mixture, which shall appear in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name; and |
b) |
in the same visual field as the legal name of the mixture at least once .’ |
Moreover, the label shall display at least once the percentage proportion of the volume of pure alcohol represented by each alcoholic ingredient in descending order of quantity used in the mixture (Article 13(4), third subparagraph).
In conclusion, the differences between mixtures not belonging to a spirit drink category (a) and mixtures belonging to a spirit drink category (b) are limited to the following:
1) |
the legal name of (a) is generically ‘spirit drink’ while for (b) it is one of the legal names allowed by the spirit drink category or categories to which the mixture belongs; |
2) |
in (b) the list of alcoholic ingredients does not need to be accompanied by the term defining a mixture (‘mixture’, ‘mixed’ or ‘mixed spirit drink’). |
The remaining labelling conditions are the same in both cases.
4.3. Checks
Checks on the description, presentation and labelling of mixtures address the compliance with following conditions:
Production:
1) |
the final product is a spirit drink in compliance at least with the definition of Article 2 of the SDR (or with the requirements laid down in Annex I for the spirit drink category they belong to); |
2) |
only distilled alcoholic components (spirit drinks, distillates of agricultural origin and ethyl alcohol of agricultural origin or a combination thereof) have been used, while other foodstuffs may only be added as ingredients to liqueurs corresponding to spirit drink category 33 of Annex I; |
3) |
the spirit drink(s) referred to in the list of alcoholic ingredients comply/ies with all requirements laid down for its/their production in the relevant spirit drink category of Annex I or GI technical file/product specification, including its/their minimum alcoholic strength. |
Labelling:
4) |
the legal name is ‘spirit drink’ for mixtures not corresponding to a spirit drink category laid down in Annex I or one of the legal names provided for under the spirit drink category which the mixture belong to; |
5) |
other spirit drink names (categories or GIs) appear exclusively in a list of alcoholic ingredients, accompanied by a term indicating that it is a mixture (if the mixture does not belong to a spirit drink category); |
6) |
the list of alcoholic ingredients and the accompanying term are to appear in the same visual field as the legal name of the mixture and are written in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name; |
7) |
the label displays at least once the percentage proportion of the volume of pure alcohol represented by each alcoholic ingredient in descending order of quantity used in the mixture. |
5. BLENDS
Article 3, points (11) and (12) |
Definitions |
Article 13(3a) |
Conditions for use and labelling provisions |
5.1. What are blends
According to Article 3, point (12), ‘‘blend’ means a spirit drink that has undergone blending’ whereas according to Article 3, point (11), ‘‘to blend’ means to combine two or more spirit drinks of the same category that are distinguishable only by minor differences in composition due to one or more of the following factors:
(a) |
the method of production; |
(b) |
the stills employed; |
(c) |
the period of maturation or ageing; |
(d) |
the geographical area of production; |
the spirit drink so produced belongs to the same category of spirit drinks as the original spirit drinks before blending.’
Blends are spirit drinks resulting from the combination of different spirit drinks belonging to the same spirit drink category. Blends do therefore belong themselves to that same spirit drink category. |
In most cases, different spirit drinks of the same category are combined to reach certain desired organoleptic properties or to guarantee uniform characteristics of a spirit drink throughout the production years.
For instance in the Scotch Whisky Industry, master blenders choose specific single malts and single grain whiskies to make particular brands of blended Scotch Whisky.
This is a common production practice, which does not raise any concerns as to the possibility to mislead consumers.
However, the definition of blends also covers the combination of spirit drinks belonging to the same category but at the same time to different geographical indications (e.g. Cognac and Armagnac) or of spirit drinks belonging to the same category, one of which is a geographical indication but not the other (e.g. Kirsch and Kirsch d’Alsace).
In order to protect the reputation of geographical indications, the legislator has extended to blends made of spirit drinks belonging to different geographical indications or belonging only in part to geographical indications analogue conditions of use and labelling rules already provided for mixtures (Article 13(3a) (37)).
5.2. Conditions of use and labelling provisions
Article 13(3a) provides for the general condition of use and labelling for blends.
The legal name will be one of the legal names provided for the spirit drink category to which the blend belongs.
Obviously, in application of Article 10(5), point (a), the legal name may be supplemented or replaced by a geographical indication for spirit drink, where all the requirements laid down in its technical file/product specification are complied with.
In the case of blends of spirit drinks belonging to different geographical indications or belonging only in part to geographical indications, following labelling rules apply:
a) |
according to Article 13(3a), second subparagraph, point (a), letter (i), the names corresponding to the blended spirits drinks may appear ‘exclusively in a list of all the alcoholic ingredients contained in the blend which shall appear in uniform characters of the same font and colour and in a font size which is no larger than half the font size used for the legal name’; |
b) |
according to Article 13(3a), second subparagraph, point (a), letter (ii), those names are to appear ‘in the same visual field as the legal name of the blend at least once’; |
c) |
according to Article 13(3a), second subparagraph, point (b), the list of alcoholic ingredients shall be accompanied by at least one of the following terms: ‘blend’, ‘blending’, or ‘blended’; The selected term may precede or follow the list of alcoholic ingredients or be placed on another line with respect to it, as long as it appears in the same visual field as the list itself and the legal name of the blend; |
d) |
according to Article 13(3a), second subparagraph, point (c), the label shall display at least once the percentage proportion of the volume of pure alcohol represented by each alcoholic ingredient in descending order of quantity used in the blend.
|
5.3. Checks
Checks on the description, presentation and labelling of blends address the compliance with following conditions:
Production:
1) |
Only spirit drinks of the same category may be combined in a blend: these are distinguishable only by minor differences in composition due to the factors listed in Article 3, point (11), of the SDR (see § 5.1 above); |
2) |
the final product belongs to the same spirit drink category as the spirit drinks that are combined in the blend; |
Labelling of blends:
3) |
the legal name is one of the legal names provided for the spirit drink category to which the blend belongs; |
4) |
the legal name may be supplemented or replaced by a geographical indication for spirit drinks when all relevant conditions are met; |
5) |
in the case of blends of spirit drinks belonging to different geographical indications or belonging only in part to geographical indications:
|
6. OVERVIEW TABLES
6.1. Compound Terms (CT)
DEFINITION: Article 3, point (2) |
Combination (resulting in an alcoholic beverage) of one spirit drink name (category or GI) with:
|
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CONDITIONS FOR USE: Article 11 |
|
||||||||||||||||||
LABELLING REQUIREMENTS: Article 11 |
|
6.2. Allusions
DEFINITION: Article 3, point (3) |
Direct or indirect reference to one or more spirit drinks (categories or GIs) in the (description,) presentation and labelling of:
|
||||||||||||||
CONDITIONS FOR USE: Article 12 |
|
||||||||||||||
LABELLING REQUIREMENTS: Article 12 |
|
6.3. Mixtures
DEFINITION: Article 3, points (9) and (10) |
Combinations of different distilled alcoholic ingredients, i.e. spirit drinks (categories or GIs), ethyl alcohol of agricultural origin and/or distillates of agricultural origin resulting in:
|
||||||||||
LABELLING REQUIREMENTS: Article 13(3) and (4) |
|
6.4. Blends
DEFINITION: Article 3, points (11) and (12) |
Combinations of different spirit drinks belonging to the same category with slight differences in:
|
||||||||
LABELLING REQUIREMENTS: Article 13(3a) |
|
(1) Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1).
(2) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
(3) This was already the case with Regulation (EC) No 110/2008, which refers in a number of labelling provisions to the horizontal rules of Directive 2000/13/EC that was repealed and replaced by the FIC Regulation as from 13 December 2014.
(4) See Article 7 of the FIC Regulation.
(5) Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160, 12.6.1989, p. 1).
(6) Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).
(7) According to Article 10(5), point (a), of the SDR, the legal name of a spirit drink may be supplemented or replaced by a spirit drink GI.
(8) This provision does not refer to geographical indications regulated by Chapter III of the SDR.
(9) Article 2(2), point (o), of the FIC Regulation: ‘customary name’ means a name which is accepted as the name of the food by consumers in the Member State in which that food is sold, without that name needing further explanation.
(10) The same exception applies by analogy to spirit drink GIs whose technical file/product specification forbids any sweetening, even to round off the taste (e.g. Pálinka): as all spirit drinks belonging to the concerned GI are not sweetened at all, it would be misleading to label any of them as ‘dry’.
(11) See Chapter V of the FIC Regulation.
(12) When in the description, presentation or labelling of a spirit drink reference is made to a (spirit drink or wine) GI, the wooden cask of which has been used for the storage of that spirit drink, it is essential that the food business operator can prove on the basis of objective elements that that cask has indeed been previously used for the ageing of the GI referred to.
(13) Introduced by Commission Delegated Regulation (EU) 2021/1465 of 6 July 2021 amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the definition of allusions to legal names of spirit drinks or geographical indications for spirit drinks and their use in the description, presentation and labelling of spirit drinks other than the spirit drinks to which allusion is made (OJ L 321, 13.09.2021, p. 12).
(14) Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).
(15) Not however the name of raw material(s) distilled to obtain the alcohol used in the production of a spirit drink, which is rather subject to the provisions of Article 13(1) (see § 1.6 below).
(16) In the case of ‘vodka’ (spirit drink category 15), when ingredients are added to provide to it a predominant flavour other than that of the raw materials used to produce it, in accordance with point 31(e) of Annex I of the SDR, its legal name must be ‘flavoured vodka’ or ‘vodka’ supplemented by the name of any predominant flavour (spirit drink category 31).
(17) According to the fourth indent of point (d) of category 33. Liqueur, ‘without prejudice to point (2) of Article 3, point (b) of Article 10(5) and Article 11, for liqueurs containing milk or milk products, the legal name may be ‘cream’ supplemented by the name of the raw material used conferring on the liqueur its predominant flavour, with or without the term ‘liqueur’’.
(18) ‘except in the case of spirit drinks that comply with the requirements of category 39 of Annex I’ as provided for in Article 2, point (c), of the SDR.
(19) According to Article 17(4) of the FIC Regulation, ‘the legal name may not be replaced by […] a brand name’.
(20) In case C-136/96, related to the sale of an under strength whisky (i.e. a whisky diluted with water below 40%), the CJEU rejected an argument by the defendant that he was entitled to benefit from the compound term provisions to allow him to describe his under strength whisky as ‘Blended Whisky Spirit’ or ‘Spiritueux au Whisky’. One of the reasons given for rejecting that argument was that the compound term provisions related only to liqueurs at that time. As it was intended in Article 10(1) of Regulation (EC) No 110/2008 to extend the compound term provisions to all spirit drinks (i.e. not just liqueurs), and to GIs, there was therefore a danger that it would be argued that descriptions such as ‘Scotch Whisky and spring water’ could be used as a compound term on under strength ‘Scotch Whiskies’ because all the alcohol in the product was Scotch Whisky. That would have defeated the whole purpose of setting a minimum strength for Scotch Whisky/whisky (and other defined spirits). It was for that reason that Article 10(2) was introduced in Regulation (EC) No 110/2008 (and confirmed in Article 11(1), point (b), of the new SDR) to ensure that compound terms could not be used where defined spirit drinks were simply diluted below their minimum strength; Judgment of 16 Jul 1998, C-136/96, The Scotch Whisky Association, ECLI: EU:C:1998:366.
(21) Introduced by Commission Delegated Regulation (EU) 2021/1335 of 27 May 2021 amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards the labelling of spirit drinks resulting from the combination of a spirit drink with one or more foodstuffs (OJ L 289, 12.8.2021, p. 4).
(22) Concerning the name of alcoholic beverages other than spirit drinks, Article 17 of the FIC Regulation is of application ‘The name of the food shall be its legal name. In the absence of such a name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name of the food shall be provided.’ See respective definitions under Article 2(2), points (n), (o) and (p), of the FIC Regulation.
(23) Spirit drinks which do not meet this requirement but which meet the requirements of Regulation (EC) No 110/2008 and were produced and labelled before 31 December 2022 may continue to be placed on the market until stocks are exhausted.
(24) These recommendations mirror those included in the document ‘Commission Communication — Guidelines on the labelling of foodstuffs using protected designations of origin (PDOs) or protected geographical indications (PGIs) as ingredients (2010/C 341/03)’.
(25) According to the definition provided by Article 3, point (2), of the SDR, the combination of one spirit drink with one or more foodstuffs resulting in an alcoholic beverage is a compound term and is subject to the specific provisions laid down in Article 11. Nonetheless, the addition of more than one spirit drink to a non-alcoholic beverage is to be treated as an allusion and is subject to the provisions of Article 12(1).
(26) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(27) Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).
(28) Introduced by Commission Delegated Regulation (EU) 2021/1334 of 27 May 2021 amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards allusions to legal names of spirit drinks or geographical indications for spirit drinks in the description, presentation and labelling of other spirit drinks (OJ L 289, 12.8.2021, p. 1).
(29) Article 12(3a), point (b), letter (iv), of Regulation (EU) 2019/787 only applies as of 31 December 2022. In the meantime, Article 4 of Implementing Regulation (EU) No 716/2013 (requiring that allusion shall appear in a font size smaller than those used for the sales denomination and the compound term) remains of application.
(30) Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff: Text of Note 3 of the Chapter 22: ‘3. For the purposes of heading 22.02, the term ‘non-alcoholic beverages’ means beverages of an alcoholic strength by volume not exceeding 0.5 % vol. Alcoholic beverages are classified in headings 22.03 to 22.06 or heading 22.08 as appropriate.’
(31) Provisions on ‘dealcoholized’ or ‘partly dealcoholized’ wines are laid down in the CMO Regulation (EU) No 1308/2013 as amended by Regulation (EU) 2021/2117.
(32) In fact, such beverages would contain a certain amount of alcohol, albeit a very low percentage. Therefore, under EU law, they would have to be considered as alcoholic beverages.
(33) Liqueurs falling under this provision which do not meet this requirement but which meet the requirements of Regulation (EC) No 110/2008 and were produced and labelled before 31 December 2022 may continue to be placed on the market until stocks are exhausted.
(34) Spirit drinks which do not meet this requirement but which meet the requirements of Regulation (EC) No 110/2008 and were produced and labelled before 31 December 2022 may continue to be placed on the market until stocks are exhausted.
(35) Spirit drinks falling under this provision and that were labelled in compliance with Article 4 of Implementing Regulation (EU) No 716/2013 before 31 December 2022 may continue to be placed on the market until stocks are exhausted.
(36) Spirit drinks falling under this provision and that were labelled in compliance with Article 4 of Implementing Regulation (EU) No 716/2013 before 31 December 2022 may continue to be placed on the market until stocks are exhausted.
(37) Introduced by Commission Delegated Regulation (EU) 2021/1096 of 21 April 2021 amending Regulation (EU) 2019/787 of the European Parliament and of the Council as regards labelling rules for blends (OJ L 238, 6.7.2021, p. 1).