Date: 2021-08-12Category: Not ApplicableState: Union GovernmentCountry: Europe
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
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
This Commission Delegated Regulation (EU) 2021/1335 amends Regulation (EU) 2019/787 regarding the labelling of spirit drinks combined with other foodstuffs. It aims to prevent misleading practices by requiring the legal name of the spirit drink to appear in the same visual field as the compound term describing the combination. Spirit drinks labelled before December 31, 2022, under the previous regulation, can still be sold until stocks are exhausted. This regulation is applied retroactively from May 25, 2021.
Key Points / Main Content:
Labelling Requirements:
* When a spirit drink is combined with other foodstuffs, the legal name of the spirit drink must appear in the same visual field as the compound term describing the combination.
* The compound term must appear in uniform characters of the same font, size, and colour.
* The compound term must not be interrupted by any textual or pictorial element which does not form part of them.
* The font size of the compound term must not be larger than the font size used for the name of the alcoholic beverage.
* Exception: The legal name can be replaced by a compound term including "liqueur" or "cream" if the product meets category 33 of Annex I of Regulation EU 2019/787.
Transitional Provision:
* Spirit drinks labelled before December 31, 2022, compliant with Regulation EC No 110/2008, can continue to be placed on the market until stocks are exhausted, even if they don't meet the new labelling requirements.
Effective Date:
* The regulation is applied from May 25, 2021.
Impact Analysis:
Consumers:
Impact: Consumers will be better informed about the actual nature of spirit drinks resulting from combinations with other foodstuffs, reducing the potential for misleading impressions.
Action Required: No direct action required.
Spirit Drink Producers:
Impact: Producers of spirit drinks combined with other foodstuffs must ensure their labels comply with the new requirements regarding the placement of the legal name and compound term.
Action Required: Update labelling practices to ensure the legal name of the spirit drink appears in the same visual field as the compound term for products labelled after December 31, 2022, unless the exception applies.
Member States:
Impact: Member states are responsible for enforcing the updated labelling requirements.
Action Required: Ensure national regulations and enforcement mechanisms align with the amended Regulation (EU) 2019/787.
Key Entities Referenced
European Parliament: Legislative branch of the European Union.
Council of the European Union: A part of the EU legislative branch where ministers from each national government meet to adopt laws and coordinate policies.
European Commission: 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 EU's objectives, institutions, and how decisions are made.
Regulation (EU) 2019/787: Regulation of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks.
Regulation (EU) No 1169/2011: Regulation of the European Parliament and of the Council on the provision of food information to consumers.
Ursula VON DER LEYEN: President of the European Commission.
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
L 289/4 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
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
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.
(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).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 289/5
(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 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.
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
(3) Regulation (EC) No 110/2008 of the European Parliament an 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).