SWA Clarifications on EU Rulings

... A continuation to Clear And Legal - At Last!

A provisional version of the new European Spirit Drinks Regulation, adopted by the European Parliament on Tuesday, can be found at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P6-TA-2007-0259&language=EN&ring=A6-2007-0035

The EU definition of 'whisk(e)y' is in Annex II. The Regulation is expected to be formally endorsed by EU Member States after the summer recess and will enter into force shortly thereafter (when the final text is officially published by the EU).

Separately, the existing entry on the blog site on this subject seems to suggest that the EU Regulation 'approves' the industry's proposals for new Scotch Whisky legislation (on definition and presentation) in the UK.

Rather, the SWA is in discussions with UK government about the industry's package of proposals and how best to introduce the domestic legislation that will implement them. Once that domestic legislation is passed, there is an opportunity to take things forward at EU level. Under the new EU Regulation, there is a facility for individual Member States, such as the UK, to register their national rules on spirit drinks with geographical indications at EU level, and to have the rules enforced across the rest of the EU.

Q: "What is the SWA position on someone mixing Scotch Whisky (or any whisky which does/will meet the generally accepted definitions of whisky (i.e., grain; oak; maturation, etc.) with a drink that does not meet the definition (e.g., a molasses-based "whisky")."

If a Scotch Whisky, or any other whisky as defined under the EU Regulation, is mixed with any other spirit, e.g. a molasses-based spirit, then the final product cannot, under EU and UKlaw, be described as 'Scotch Whisky' or 'whisky'.

Under both current EU law and the new EU Regulation, such a product would have to be described as a 'spirit drink'. (There are fairly complicated rules as to what else could appear on the label depending on the circumstances.)

Both the current EU Regulation, and the new one, apply equally to spirits produced and sold in the EU, spirits imported into the EU, and spirits exported from the EU. In other words, the new text makes no change in this regard.

-David Williamson
Public Affairs Manager
Government & Consumer Affairs
Scotch Whisky Association

Source: The Scotch Blog