Date: 2021-08-12Category: Not ApplicableState: Union GovernmentCountry: Europe
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
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
**Executive Summary:**
This Commission Delegated Regulation (EU) 2021/1334 amends Regulation (EU) 2019/787 regarding the description, presentation, and labeling of spirit drinks, specifically concerning allusions to legal names or geographical indications. It aims to prevent misleading practices and ensure consumers are properly informed. It applies retroactively from 25 May 2021, with transitional provisions for products labeled before 31 December 2022.
**Key Points / Main Content:**
* **Allusions to Spirit Drink Names/Geographical Indications:**
* Allusions must not be on the same line as the alcoholic beverage's name.
* The font size of the allusion must be no more than half the font size of the alcoholic beverage's name.
* For spirit drinks, the legal name of the resulting spirit drink must always accompany the allusion in the same visual field.
* **Transitional Provisions:**
* Spirit drinks labeled before 31 December 2022, meeting the requirements of Regulation EC No 110/2008, can continue to be placed on the market until stocks are exhausted, even if they do not meet the amended requirements.
* **Effective Date:**
* The Regulation is in force from the third day following its publication.
* It applies retroactively from 25 May 2021.
**Impact Analysis:**
* **Spirit Drink Producers:**
* *Impact:* Producers must ensure that allusions to spirit drink names or geographical indications on labels comply with the new requirements regarding font size, placement, and proximity to the legal name of the spirit drink.
* *Action Required:* Review and update labeling practices for spirit drinks to align with the amended regulations. For products labeled before 31 December 2022, ensure compliance once existing stocks are exhausted.
* **European Commission:**
* *Impact:* Responsible for ensuring the regulation is applied and followed by member states.
* *Action Required:* Monitor the implementation of the regulation and address any issues or inconsistencies in its application.
* **Member States:**
* *Impact:* Responsible for enforcing the regulation within their jurisdiction.
* *Action Required:* Transpose the regulation into national law and monitor compliance by spirit drink producers.
* **Consumers:**
* *Impact:* Benefit from clearer and less misleading labeling of spirit drinks, enabling more informed purchasing decisions.
* *Action Required:* Be aware of the changes in labeling and presentation of spirit drinks.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, detailing the organization and operation of the EU.
Regulation (EU) 2019/787: Regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks.
European Parliament: The parliamentary body of the European Union that, together with the Council of the European Union, exercises legislative power.
Council of the European Union: A component of the EU's legislative branch, made up of ministers from member states.
Regulation (EU) No 1169/2011: Regulation of the European Parliament and of the Council on the provision of food information to consumers.
Regulation (EC) No 110/2008: Regulation of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89
12.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 289/1
II
(Non-legislative acts)
REGULATIONS
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
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 12(4) of Regulation (EU) 2019/787 lays down rules on how to display allusions to the legal name of spirit
drink categories or geographical indications for spirit drinks in the presentation and labelling of alcoholic beverages.
(2) Article 12(4) 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 allusion. Where the name of the alcoholic beverage appears in a different
visual field than the allusion, consumers may be however induced to believe that the allusion is part of the name of
the alcoholic beverage, notably in the cases where the resulting alcoholic beverage is a spirit drink.
(3) Moreover, in certain cases, such allusion may unduly abuse the reputation of spirit drink categories or geographical
indications, which, when combined with other foodstuffs that are not required or allowed in their production, lose
their nature and may no longer be labelled as such. Displaying those names in a prominent way in the presentation
and labelling of the spirit drink which makes allusion to them, may thus effectively result in misappropriation of
their reputation.
(4) 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.
(1) 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).L 289/2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 12.8.2021
(5) 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 making
allusion to other spirit drinks, it is appropriate to require that the legal name of the resulting spirit drink be
displayed in the same visual field as the allusion to a spirit drink. This should occur each time the allusion 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 drink resulting from the
combination of spirit drinks with other foodstuffs.
(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 12 of Regulation (EU) 2019/787, paragraph 4 is replaced by the following:
‘4. The allusions referred to in paragraphs 2 and 3 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.’.
Article 2
Spirit drinks which do not meet the requirements laid down in Article 12(4), point (c), 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 2022may 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.
(3) 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).12.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 289/3
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2021.
For the Commission
The President
Ursula VON DER LEYEN