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25.2.2012 Official
Journal
of
the
European
Union
L
53/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 164/2012
of 24 February 2012
amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council
on the definition, description, presentation, labelling and the protection of geographical indications
of spirit drinks
THE EUROPEAN COMMISSION,
point 5 of that Annex defines ‘brandy’ as a spirit drink
produced from wine spirit. Further, it was claimed that
the use of the term ‘brandy’ as part of a geographical
Having regard to the Treaty on the Functioning of the European
indication related to a cider spirit would mislead the
Union,
consumer as to the true nature of the product.
Having regard to Regulation (EC) No 110/2008 of the European
Parliament and of the Council of 15 January 2008 on the
(4) ‘Somerset
Cider
Brandy’
is
well
established
in
the
United
definition, description, presentation, labelling and the protection
Kingdom and has been known to consumers as ‘cider
of geographical indications of spirit drinks ( 1 ), and in particular
brandy’ for a significant period of time. It enjoys a
Article 26 thereof,
high reputation and forms an essential part of the
heritage of the county of Somerset. To require
producers to modify the use of the term would not be
Whereas:
proportionate to the objective of reserving the term
‘brandy’ only to wine spirits because it would cause
prejudice to the regional economy of the county of
(1) The
United
Kingdom
applied
for
the
registration
of
Somerset while it would not correspond to the expec
‘Somerset Cider Brandy’, as a geographical indication, in
tations of the consumers concerned, who are familiar
Annex III to Regulation (EC) No 110/2008, in
with that type of beverage.
accordance with the procedure provided for in
Article 17(1) of that Regulation. ‘Somerset Cider
Brandy’ is a cider spirit traditionally produced in the
county of Somerset of the United Kingdom. It constitutes
(5)
‘Somerset Cider Brandy’ is not well known in the rest of
a distinct cask aged product distilled from cider made
the Union. To make the consumer aware of the true
exclusively from apples grown in that county.
nature of the product in all Member States, thus
avoiding any risk of confusion, the obligation to put
the corresponding sales denomination ‘cider spirit’ on
(2) The
application
to
register
the
name
‘Somerset
Cider
the label should be laid down. In the light of the
Brandy’ was published in the Official Journal of the
above, the name ‘Somerset Cider Brandy’ should be
European Union ( 2 ) for the purposes of the objection
registered as a geographical indication in Annex III to
procedure, in accordance with Article 17(6) of Regulation
Regulation (EC) No 110/2008.
(EC) No 110/2008.
(3) Spain
submitted
an
objection
to
the
registration
of (6) The
geographical
indication
‘Herbal
vodka
from
the
‘Somerset Cider Brandy’ on the ground that Article 9(1)
North Podlasie Lowland aromatised with an extract of
of Regulation (EC) No 110/2008 provides that a spirit
bison grass/Wódka zioowa z Niziny Pónocnopodlaskiej
drink that meets the specifications for a product defined
aromatyzowana ekstraktem z trawy ubrowej’ is
in categories 1 to 46 of Annex II to that Regulation has
registered in product category 15 of Annex III to Regu
to bear the sales denomination assigned in that Annex. In
lation (EC) No 110/2008, corresponding to ‘vodka’.
particular, point 10 of Annex II defines ‘cider spirit’ as a
However, the appropriate classification for this product,
spirit drink produced through distillation of cider, and
according to its specifications, should be ‘flavoured
vodka’. Therefore, a new product category 31 ‘flavoured
( 1 ) OJ L 39, 13.2.2008, p. 16.
vodka’ should be inserted for this geographical indication
( 2 ) OJ C 242, 9.10.2009, p. 22.
in Annex III to that Regulation.

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L 53/2
EN
Official Journal of the European Union
25.2.2012
(7) The
geographical
indication
‘Irish
Cream’
is
registered
in
lation, the marketing of existing stocks should be
product category 32 of Annex III to Regulation (EC) No
foreseen until they run out and the use of labels
110/2008 as originating in Ireland. It is necessary to
printed before the date of entry into force of this Regu
clarify that such geographical indication also covers the
lation should be allowed until 31 December 2012.
corresponding product manufactured in Northern
Ireland.
(10) The
measures
provided
for
in
this
Regulation
are
in
(8) Regulation
(EC)
No
110/2008
should
therefore
be
accordance with the opinion of the Committee for
amended accordingly.
Spirit Drinks,
(9) To
facilitate
the
transition
from
the
rules
provided
for
in
Regulation (EC) No 110/2008 to those in this Regu
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 110/2008 is amended as follows:
(1) in product category 10 ‘Cider spirit and perry spirit’, the following entry is added:
‘Somerset Cider Brandy (*) United
Kingdom
(*) The geographical indication “Somerset Cider Brandy” must be accompanied by the sales denomination “cider spirit”.’;
(2) in product category 15 ‘Vodka’, the following sixth entry is deleted:
‘Herbal vodka from the North Podlasie Poland’
Lowland aromatised with an extract of
bison grass/Wódka zioowa z Niziny
Pónocnopodlaskiej aromatyzowana ekstraktem z
trawy ubrowej
(3) after product category 30 ‘Bitter-tasting spirit drinks/bitter’, the following entry related to product
category 31 ‘Flavoured vodka’ is inserted:
‘31. Flavoured vodka
Herbal vodka from the North Podlasie Poland’
Lowland aromatised with an extract of
bison grass/Wódka zioowa z Niziny
Pónocnopodlaskiej aromatyzowana ekstraktem z
trawy ubrowej
(4) in product category 32, the entry related to ‘Irish Cream’ is replaced by the following:
‘Irish Cream (*) Ireland
(*) The geographical indication Irish Cream covers the corresponding liqueur produced in Ireland and Northern Ireland.’.
Article 2
Spirit drinks not meeting the requirements of Regulation (EC) No 110/2008 as amended by Article 1 of this
Regulation may continue to be placed on the market until stocks run out.
Labels printed before the date of entry into force of this Regulation may continue to be used until
31 December 2012.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Union.

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EN
25.2.2012 Official
Journal
of
the
European
Union
L
53/3
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 February 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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