Diario Oficial de la Unión Europea del 21/2/2023 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
EN
21.2.2023
Official Journal of the European Union
L 53/3
COMMISSION IMPLEMENTING REGULATION EU 2023/383
of 16 February 2023
amending Regulation EC No 2870/2000 laying down Community reference methods for the analysis of spirit drinks, and repealing Regulation EEC No 2009/92 determining Community analysis methods for ethyl alcohol of agricultural origin in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation EU 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation EC No 110/2008 1, and in particular Article 20, first paragraph, point d, thereof,
Whereas:
1
The definition and requirements for ethyl alcohol of agricultural origin laid down in Article 5 of Regulation EU 2019/787 have been amended by Commission Delegated Regulation EU 2022/1303 2 among others to bring the maximum level of certain residues in line with the technical parameters currently used by the industry and by most laboratories of analysis.
2
In that context, it is deemed necessary to amend Commission Regulation EC No 2870/2000 3 to extend the reference methods set out in the Annex thereto to the analysis of ethyl alcohol of agricultural origin.
3
The alcoholic strength by volume of ethyl alcohol of agricultural origin should be established on the basis of the reference method set out in Chapter I of the Annex to Regulation EC No 2870/2000 as that is the established method currently used for the analysis of spirit drinks. For that purpose, it is appropriate to establish that ethyl alcohol of agricultural origin should be considered as a distillate whose alcoholic strength by volume is to be measured directly and not after distillation. Nonetheless, since automatic densimeters provide an erratic number when the injected alcohol is not clear, it is appropriate to provide that the sample should be distilled in that case.
4
In view of determining the origin of ethyl alcohol, notably that it has been obtained from products listed in Annex I
to the Treaty, it is appropriate to resume method 13 set out in Commission Regulation EC No 625/2003 4, which is now obsolete, aimed at determining the 14C content in ethanol permitting a distinction between synthetic alcohol and fermentation alcohol.
5
The measurement of ethyl acetate, acetaldehyde, higher alcohols and methanol in ethyl alcohol of agricultural origin should be based on the reference methods set out in point III.2 of Chapter III of the Annex to Regulation EC
No 2870/2000 as those are established methods currently used for the analysis of a number of spirit drinks.
1 OJ L 130, 17.5.2019, p. 1.
2 Commission Delegated Regulation EU 2022/1303 of 25 April 2022 amending Regulation EU 2019/787 of the European Parliament and of the Council as regards the definition of and requirements for ethyl alcohol of agricultural origin OJ L 197, 26.7.2022, p. 71.
3 Commission Regulation EC No 2870/2000 of 19 December 2000 laying down Community reference methods for the analysis of spirits drinks OJ L 333, 29.12.2000, p. 20.
4 Commission Regulation EC No 625/2003 of 2 April 2003 amending Regulation EC No 1623/2000 laying down detailed rules for implementing Council Regulation EC No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms OJ L 90, 8.4.2003, p. 4.