Geography Reference
In-Depth Information
5.07
Article 2(3) provides that the minimum alcoholic strength provided for in
paragraph 1(c) shall be without prejudice to the definition for the product in
category 41 in Annex II.
Article 2(4) states that for the purpose of the Spirits Regulation the technical
definitions and requirements are laid down in Annex I.
5.08
The ECJ in Joined Cases C-4/10 and C-27/10
Bureau national interprofession-
nel du Cognac, v Gust. Ranin Oy
6
held that 'spirit drinks' covers drinks 'which
have common objective characteristics and which are consumed, from the point
of view of the relevant public, on occasions which are largely identical' and 'they
are frequently distributed through the same channels and subject to similar
marketing rules'.
7
5.09
5. Origin of ethyl alcohol
Article 3(1) provides that the ethyl alcohol used in the production of spirit
drinks and all of their components shall not be of any origin other than
agricultural, within the meaning of Annex I to the Treaty.
5.10
Recital (8) to the Spirits Regulation explains that this requirement is to meet
consumer expectations and conform to traditional practices and ensure an
outlet for basic agricultural products.
5.11
Article 3(2) provides that the ethyl alcohol used in the production of spirit
drinks shall comply with the definition provided for in Annex I(1) to the Spirits
Regulation.
8
5.12
6
[2011] ETMR 53.
7
Ibid.
8
Annex I(1) provides:
Ethyl alcohol of agricultural origin possesses the following properties:
(a)
organoleptic characteristics: no detectable taste other than that of the raw material;
(b)
minimum alcoholic strength by volume: 96,0 %;
(c)
maximum level of residues:
(i)
total acidity, expressed in grams of acetic acid per hectolitre of 100 % vol. alcohol: 1,5,
(ii)
esters expressed in grams of ethyl acetate per hectolitre of 100 % vol. alcohol: 1,3,
(iii)
aldehydes expressed in grams of acetaldehyde per hectolitre of 100 % vol. alcohol: 0,5,
(iv)
higher alcohols expressed in grams of methyl2 propanol1 per hectolitre of 100 % vol. alcohol: 0,5,
(v)
methanol expressed in grams per hectolitre of 100 % vol. alcohol: 30,
(vi)
dry extract expressed in grams per hectolitre of 100 % vol. alcohol: 1,5,
(vii)
volatile bases containing nitrogen expressed in grams of nitrogen per hectolitre of 100 % vol. alcohol:
0,1,
(viii)
furfural: not detectable.
