A key part of the legislation to define spirit drinks made and sold in the EU is consumer protection. Comprehensive definitions mean that if a consumer buys a rum or a whisky, they can be confident they are buying comparable products, made to the same high standards. And on their labelling, rules ensure consumers are protected against misleading claims or names. So it is odd that Member States seem to want to reduce consumer protection. It looks as if rules in the new law will circumvent the existing ban on alcoholic beverages making claims. In addition, it appears that descriptors such as ‘liqueur with a drop of brandy’ will now be permitted on products whose alcohol components comprise only 1% brandy. The spirit sector is mystified that such changes could even be contemplated.
It also appears that the new rules will no longer allow category definitions to be updated, amended or corrected when that is needed. That too is surprising. The current flexibility, introduced under the 2008 law, was one of its most helpful innovations and has been used on numerous occasions to resolve problems. Removing it will take us back to 1989 and builds obsolescence into the law. Again, a quite mystifying development which offers no benefit whatsoever.
That is not to say that the new regulation will not help: since the draft was published we have worked very closely with officials and MEPs who have made huge improvements to the text. Those are impressive achievements so it is all the more perplexing that other changes go wholly in the opposite direction.
