EFFL
Reports
3|2014
199
Spain
New Rules on Complementary Standards for Spirit Drinks Adopted
Sebastián Romero Melchor and Sara Aparicio Hill
On March 27, 2014 Royal Decree 164/2014 of March
14, establishing complementary standards on the
production, description, presentation and labelling
of certain spirit drinks1 (the “Royal Decree”) entered
into force. The Royal Decree provides a single legislative framework that applies to the national territory
as a whole. The Royal Decree establishes complementary standards for the production, description, presentation and labelling of certain spirit drinks produced in Spain, thereby developing Regulation
110/2008 on the definition, description, presentation,
labelling and protection of geographical indications
of spirit drinks2,3. Finally, it repeals and replaces a
number of former specific rules for certain categories
of spirit drinks, such as whisky, brandy, rum, gin,
anís, aguardiente, liqueurs, etc.
The Royal Decree also seeks to reinforce the legislation applicable to traditional Spanish production
methods of brandy by establishing a positive list of
said methods.
In addition to the mandatory and voluntary labelling particulars deriving from Regulation
110/2008, spirit drink providers may find additional
1
Real Decreto 164/2014, de 14 de marzo, por el que se establecen
normas complementarias para la producción, designación,
presentación y etiquetado de determinadas bebidas espirituosas
(B.O.E. 26.03.2014).
2
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 (OJ L 39 of 13.02.2008, pp. 16–54).
3
Article 6 of Regulation 110/2008 specifies that in applying a
quality policy to spirit drinks that are produced on their own
territory, Member States may lay down rules stricter than those in
Annex II on production, description, presentation and labelling in
so far as they are compatible with Community law.
voluntary indications in the Royal Decree and which
may be included on the label of spirit drinks, mainly concerning the name or category of each drink and
depending on their individual production methods,
appearances and compositions. For example, for the
indication “aged” to appear on rum, the Royal Decree
establishes that the rum must be kept in an oak container for at least six months. In the case of brandy,
amongst other requirements, the Royal Decree sets a
maximum content of 35 grams per litre of reducing
agents for the production of the final flavour; authorises, as a traditional method for brandy flavouring,
the use of hydroalcoholic infusions and extracts obtained from raisins and other ingredients; and sets
forth the requirements for the use of indications “solera”, “solera reserva” or “solera gran reserva” to appear on the label. Similar requirements are foreseen
for other drinks such as rum, “anís” and other liquors.
The requirements of the Royal Decree do not apply to products legally manufactured or sold in the
other Member States of the European Union, or to
products from the countries of the European Free
Trade Association, Contracting Parties to the European Economic Area Agreement, or to States with a
Customs Union agreement with the European Union.
Further, the requirements of the Royal Decree do not
apply to products meant to be exported to third countries with which there is an international agreement
in place, and so long as they are clearly marked with
the term “export”.
Finally, any spirit drinks which have been bottled
or labelled prior to December 13, 2013 and that are
in conformity with the previous legal regime may be
sold until their stocks run out.