CHAPTER I

SCOPE, DEFINITION AND CATEGORIES OF SPIRIT DRINKS

General rules concerning the categories of spirit drinks
Article 5
1
Without prejudice to the specific rules laid down for each of the categories numbered 1 to 14 in Annex II, the spirit drinks defined therein shall:
a
be produced by the alcoholic fermentation and distillation exclusively obtained from the raw material provided for in the relevant definition for the spirit drink concerned;
b
have no addition of alcohol as defined in Annex I(5), diluted or not;
c
not contain added flavouring substances;
d
only contain added caramel as a means to adapt colour;
e
solely be sweetened to round off the final taste of the product, according to Annex I(3). The maximum level for the products used for rounding off listed under Annex I(3)(a) to (f) may be specified in regulations.
2
Without prejudice to the specific rules laid down for each of the categories numbered 15 to 46 in Annex II, the spirit drinks defined therein may:
a
be obtained from any agricultural raw material listed in Annex I to the Treaty;
b
have addition of alcohol as defined in Annex I(5) to this Regulation;
c
contain flavouring substances as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods
and flavouring preparations as defined in Article 3(2)(d) of that Regulation;
d
contain colouring as defined in Annex I(10) to this Regulation;
e
be sweetened to correspond to particular product characteristics and according to Annex I(3) to this Regulation ....
3
Without prejudice to the specific rules laid down in Annex II, other spirit drinks which do not meet the requirements of categories 1 to 46 may:
a
be obtained from any agricultural raw material listed in Annex I to the Treaty and/or foodstuff suitable for human consumption;
b
have addition of alcohol as defined in Annex I(5) to this Regulation;
c
contain one or more flavourings as defined in Article 3(2)(a) of Regulation (EC) No 1334/2008;
d
contain colouring as defined in Annex I(10) to this Regulation;
e
be sweetened to correspond to particular product characteristics and according to Annex I(3) to this Regulation.
OJ L 354, 31.12.2008, p. 34 .
Substituted by Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (Text with EEA relevance).
Words in Art. 5(1)(e) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(4)(a)
Words in Art. 5(2)(e) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 17(4)(b)