EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

Currently, Regulation (EU) 2019/787 does not require that the legal name of spirit drinks obtained by combining a spirit drink category or geographical indication with other foodstuffs should appear in the same visual field as the compound term describing that combination. This delegated act aims at specifying the conditions for labelling such spirit drinks.

In fact, in the the absence of such requirement, the actual nature of the spirit drink resulting from that combination may not result clearly and the labelling may induce consumers to believe that the compound term is the actual name of the spirit drink. This, in certain cases, may result in the abuse of the reputation of a spirit drink (category or geographical indication) whose legal name appears in combination with one or more foodstuffs that have not been used in its production in accordance with Annex I to Regulation (EU) 2019/787 or with the relevant product specification, as the resulting spirit drink would have a different legal name.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

Certain Member States have pointed out to the Commission that the absence of a provision requiring to indicate the legal name of the spirit drink in the same visual field as the compound terms weakens the provisions concerning the latter.

Consultations involving experts from all the 27 Member States have been carried out as a preparation for and during the meetings of the Expert Group for the Common Organisation of Agricultural Markets – Spirit Drinks held (virtually) on 13 October and 3 December 2020 as well as 9 February 2021. This consultation process led to a broad consensus on the draft delegated regulation.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

The delegated act is based on Article 50(3) of Regulation (EU) 2019/787 and concerns solely one provision that the Commission has been granted the empowerment to amend by virtue of that pararaph. It should be adopted by means of the procedure according to Article 46 of Regulation (EU) 2019/787.

Article 1: This Article provides for the legal name of spirit drinks obtained by combining a spirit drink category or geographical indication with other foodstuffs to appear in the same visual field as the compound term describing that combination. This aims at avoiding that consumers are misled about the content of the resulting spirit drink.

Article 2: This Article provides for a transitional period in that it allows spirit drinks concerned by the present Regulation which were labelled before 31 December 2022 in compliance with the provisions of Regulation (EC) No 110/2008, to continue being placed on the market without need to be relabelled.

Article 3: This Article provides for the simultaneous application of the amendment provided in Article 1 with the provision it refers to (i.e. Article 11(3) of Regulation (EU) 2019/787) which, by virtue of Article 51(1) of Regulation (EU) 2019/787, will apply from 25 May 2021.

COMMISSION DELEGATED REGULATION (EU) …/...

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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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 1 , and in particular Article 50(3) thereof,

Whereas:

(1)Article 11(3) of Regulation (EU) 2019/787 lays down rules on the description, presentation and labelling of alcoholic beverages obtained by combining a spirit drink category or a geographical indication for a spirit drink with other foodstuffs. Such alcoholic beverages are described by compound terms combining either a legal name provided for in the categories of spirit drinks set out in Annex I to that Regulation or the geographical indication for a spirit drink with the name of other foodstuffs.

(2)Article 11(3) of Regulation (EU) 2019/787 does not require that the name of the resulting alcoholic beverage is displayed in the same visual field as the compound term. This may induce consumers to believe that the compound term is the actual name of the alcoholic beverage by unduly abusing the reputation of spirit drink categories or geographical indications, notably in the cases where the resulting alcoholic beverage is a spirit drink.

(3)Article 7(1), point (a), of Regulation (EU) No 1169/2011 of the European Parliament and of the Council 2 requires that food information is not misleading, notably as to the nature and identity of the food. Article 9 of that Regulation provides that mandatory food information, including the name of the foodstuff, is to be provided and Article 13 of that Regulation requires that mandatory information is marked in a conspicuous place in such a way as to be easily visible, clearly legible and, where appropriate, indelible.

(4)In accordance with Article 9 of Regulation (EU) 2019/787, the presentation and labelling requirements set out in Regulation (EU) No 1169/2011 apply to alcoholic beverages resulting from the combination of spirit drinks with other foodstuffs. In order to ensure that those requirements are best fulfilled, in particular for spirit drinks resulting from such combination, it is appropriate to require that the legal name of the resulting spirit drink be displayed in the same visual field as the compound term describing that combination. This should occur each time the compound term is indicated in the description, presentation or labelling of a spirit drink. This will prevent misleading practices and ensure that consumers are properly informed about the actual nature of the spirit drinks resulting from the combination of spirit drinks with other foodstuffs.

(5)This obligation should however not apply when, in accordance with Article 10(5), point (b), of Regulation (EU) 2019/787, the legal name of the spirit drink is replaced by a compound term that includes the term ‘liqueur’ or ‘cream’, provided that the final product complies with the requirements of category 33 of Annex I to that Regulation.

(6)Regulation (EU) 2019/787 should therefore be amended accordingly.

(7)A transitional period should be provided for the application of the labelling provisions laid down in this Regulation to allow spirit drinks labelled before 31 December 2022 in compliance with the provisions of Regulation (EC) No 110/2008 of the European Parliament and of the Council 3 to continue being placed on the market without requiring them to be relabelled. 

(8)In accordance with Article 51(3) of Regulation (EU) 2019/787 and to avoid any sort of regulatory vacuum, this Regulation should apply retroactively from 25 May 2021,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 11 of Regulation (EU) 2019/787, paragraph 3 is replaced by the following:

‘3.    Compound terms describing an alcoholic beverage 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).’.

Article 2

Spirit drinks which do not meet the requirements laid down in Article 11(3), point (d), of Regulation (EU) 2019/787 as amended by this Regulation but which meet the requirements of Regulation (EC) No 110/2008 and were labelled before 31 December 2022 may continue to be placed on the market until stocks are exhausted.

Article 3

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 25 May 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,