Key Benefits:
Decision of 24 March 1998, containing the Reserved Indications Directive
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Health, Welfare and Sport of 23 September 1997, No GZB/VVB/975144, done in accordance with Our Ministers of Economic Affairs and of Agriculture, Nature Management and Fisheries;
Having regard to Article 8 , point (b), and Article 12 of the Warenwet ;
The Council of State heard (opinion of 18 November 1997, no. W13.97.0626);
Having regard to the further report of the Secretary of State for Health, Welfare and Sport of 18 March 1998 with number GZB/VVB/98814, expressed in accordance with Our Ministers for Economic Affairs and of Agriculture, Nature Management and Fisheries;
Have found good and understand:
For the purpose of this Decision:
a. Grapes: fruit of Vitis Vinifera L,
b. Regulation (EC) No 110/2008: Regulation (EC) 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 Regulation (EC) No 110/2008 No Council Regulation (EEC) No 1576/89 (PbEU 2008, L 39);
c. Ethyl alcohol of agricultural origin: ethyl alcohol with the properties listed in Annex I (1) to Regulation (EC) No 110/2008;
ed. Regulation (EEC) No 2658/87: Regulation (EEC) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (PbEG 1987, L 256),
e. Spirit drink: an alcoholic beverage:
1 ° intended for human consumption;
2 ° with special organoleptic characteristics and, with the exception of egg liqueur and lawyer, as set out in category 41 of Annex II to Regulation (EC) No 110/2008, with a minimum alcoholic strength of 14% vol., of 15% vol,
3 ° is produced:
-either directly in accordance with Article 2 (d) (i) of Regulation (EC) No 110/2008;
-either by mixing a spirit drink in accordance with Article 2, paragraph 1 (d) (ii) of Regulation (EC) No 110/2008;
-either by mixing ethyl alcohol of agricultural origin with water; and
4 ° for which alcohol excise duty is to be used in the case of use or consumption here;
except that beverages falling within CN codes 2203, 2204, 2205, 2206 and 2207 of Regulation (EEC) No 2207 are not considered to be spirit drinks.
f. Malt wine: Cereals spirits of grandilettes as defined in Regulation (EC) No 110/2008 prepared by distillation at an alcoholic strength of not less than 46% vol. and not more than 48% vol.;
g. Regulation (EC) No 1334/2008: 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 foodstuffs and amending Regulation (EEC) No 148/ Council Regulation (EC) No 1601/91, Regulation (EC) No 1601/91 Regulation (EC) No 2232/96 110/2008 and Directive 2000 /13/EC (PbEU 2008, L 354);
h. Weak spirit drink: containing less than 15% vol., with the exception of egg liqueur and lawyer, falling within CN code 2208 of Regulation (EEC) No 2658/87, for which alcohol excise duty is to be used in the case of use or consumption.
It shall be prohibited to trade, using the particulars given in this Decision, other goods than those to which those particulars are reserved by this Decision.
The designation Vinegar may be used only for a liquid containing acetic acid as a characteristic ingredient, provided that the acetic acid content of the product is at least 4 grams per 100 ml.
The designation mayonnaise shall be used exclusively for a food consisting of an emulsion of the oil in water containing at least 70% fat and at least 5% egg yolk.
The designation Fruit wine may be used exclusively for a fermented beverage prepared from fruit other than grapes, with an alcoholic strength of not less than 8,5% by volume at 20 °C.
The designation Ice cream shall be used exclusively for ice cream intended for use in frozen food, and that:
-does not contain fat other than milk fat,
-has a milkfat content of not less than 5%; and
-no protein other than milk proteins.
The designation Mustard Used exclusively for a food consisting of at least mustard seeds or mustard flour, vinegar or acetic acid containing liquid, provided that the dry matter content is not less than 20%, and the content of mustard oil, at least 20% of the kitchen salt-free dry matter.
The designation Lemonade or Soft drink shall be used only for a drinking water which does not contain any alcohol, unless it is inadvertor, inadvertately, by a natural fermentation process, to a maximum content of 5 grams of ethyl alcohol per litre, consisting of:
-water, natural mineral waters or spring waters; and
-sugars or sweeteners;
to which have been added:
-carbonic acid,
-flavourings;
-edible components of fruit or plants; or
-fruit or vegetable juices.
The designation Beer shall be used exclusively for a potable after alcoholic fermentation of wort, prepared primarily from starch or sugar-containing raw materials, hops and brewing water, provided that at least 60% of the extract content of the wort, for fermentation, derived from geste or wheat malt, consisting of:
-gerstemout or wheat malt;
-other starch-containing raw materials;
-sugar-containing raw materials,
-hops and their various forms of processing,
-malting water, being water intended for human consumption, which satisfies the requirements of or under the conditions of Drinking water law and that, in its mineral composition and acidity, may be adapted to the specific requirements, which set the brewing processes of the various types of beer;
-yeast,
to which have been added:
-fruit or fruit juices and flavourings, it being understood that the use of these ingredients is only permitted for the preparation of beers other than beers of the type pils as intended for Article 7f ;
-technological excipients and additives which comply with the requirements laid down in or pursuant to Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (PbEU 2008, L 354).
The designation alcohol-free beer Used exclusively for beer containing not more than 0,1% by volume of alcohol and having an extract content of the stock-wort of not less than 2,2%.
The designation alcohol-poor beer shall be used exclusively for beer containing more than 0,1% or less by volume of 1,2% by volume and an extract content of the stock-wort of not less than 2,2%.
The designation Old brown or any indication of which the words Old brown may be used exclusively for sweetened dark coloured beers with an extract content of the stock wort from 7% to 11%.
The designation Pils or any other term of which the word Pils Forms part of an essential substance for light-coloured beers with an extract content of the stock wort from 11% to 13,5%.
The designation Goat , Bock or any other indication of which Goat or Bock It may only be used for beers with an extract content of the stock-wort above 15.5%.
The designation Cornwine shall be used only for a spirit drink which:
a. is prepared with ethyl alcohol of which at least 51% of the alcohol component consists of malt wine or 70% vol. of a redistillated malt wine;
b. as regards flavouring, only natural flavouring substances referred to in Article 3 (c) of Regulation (EC) No 1334/2008 or flavouring preparations as referred to in Article 3 (2) (d) of Regulation (EC) No aromatising 1334/2008, may contain;
c. can be coloured by caramel only;
d. may have a sugar content of not more than 20 grams per litre;
e. colourless, pale yellow or pale brown in colour;
f. has an alcoholic strength of at least 38% vol.
The designation Lawyer shall be used exclusively for a spirit drink which complies with point 41 of Annex II to Regulation (EC) No 110/2008 and which:
a. Yellow in colour;
b. has an alcoholic strength, sugar and pure egg, in accordance with Annex II to Regulation (EC) No 110/2008;
c. is prepared exclusively with egg yolks and egg whites from hen eggs which are undamaged and comply with the requirements of Regulation (EC) No 148/ No Council Regulation (EEC) No 1820/2006 of 19 June 2006 on certain marketing standards for eggs (PbEU 2006, L 186) and Council Directive 98 /437/EEC of 20 June 1989 on hygiene and health problems affecting the production and placing on the market of certain marketing standards Egg products (PbEC 1989, L 212);
d. contains ethyl alcohol or brandy as a characteristic ingredient and containing flavourings, dyes and thickeners to which flavourings, colouring matter and thickeners may have been added.
The designation vieux shall be used only for a spirit drink which:
a. Light-to dark brown in colour;
b. is made from ethyl alcohol of agricultural origin;
c. Contains aromatic fragrances or flavourings, which shall confer the aroma of wine distillated from wine;
d. may have a sugar content of not more than 20 grams per litre;
e. colouring matter may contain;
f. has an alcoholic strength of not less than 35% volume.
The designation Brandewine shall be used only for a spirit drink which:
a. is substantially colourless;
b. Made from ethyl alcohol of agricultural origin, whether purified or not, on active carbon filters;
c. distillates are substances or fruits or seeds or with the addition of flavourings or odour and flavourings which give the beverage the distinctive organoleptic character;
d. may have a sugar content of not more than 20 grams per litre;
e. has an alcoholic strength of not less than 35% vol.
The designation Fruit brandy shall be used only for a spirit drink which:
a. Made from brandy or ethyl alcohol of agricultural origin with the ingredients of brandy, by the distillation or infusion of fruit (s) or of fruit and vegetable parts or the addition of fruit juice (s) or of a distillate or Extract of fruit or vegetable parts;
b. flavourings, dyes or other odour and flavourings may contain;
c. has a sugar content of at least 100 grams per litre;
d. Has an alcoholic strength of at least 20% vol.
The designation Likorette shall be used exclusively for a weak spirit drink, which shall:
a. except ethyl alcohol of agricultural origin as a characteristic ingredient of sugar and a distillate or infusion or extract of fruit or fruit or fruit parts or seeds or herbs or fruit juices or milk, cream or other milk products;
b. may contain dyes or other flavourings or odour and flavourings;
c. has a sugar content of at least 100 grams per litre;
d. Has an alcoholic strength of at least 12% vol.
The chromatographic and other methods of separation, organoleptic determination methods, and other methods of analysis, shall be used as methods of research which, in the event of exclusion, are decisive for determining whether or not the rules laid down in this Decision are fulfilled. methods of detection, as well as the methods used for this purpose by another Member State of the European Union.
This Decision shall enter into force from 1 April 1998, with the exception of Article 6 and Article 7 , which shall enter into force with effect from 1 May 1998.
This decision is referred to as: 'Commodities Act'.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 24 March 1998
Beatrix
The Secretary of State for Health, Welfare and Sport,
E. G. Terpstra
Issued the thirty-first March 1998The Minister of Justice,
W. Sorgdrager
