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Article 5

Without prejudice to the specific rules laid down for each of the categories numbered 1 to 14 in Annex II, the spirit drinks defined therein shall: be produced by the alcoholic fermentation and distillation exclusively obtained from the raw material provided for in the relevant definition for the spirit drink concerned; have no addition of alcohol as defined in Annex I(5), diluted or not; not contain added flavouring substances; only contain added caramel as a means to adapt colour; solely be sweetened to round off the final taste of the product, according to Annex I(3). The maximum level for the products used for rounding off listed under Annex I(3)(a) to (f) shall be decided upon in accordance with the regulatory procedure with scrutiny referred to in Article 25(3). The particular legislation of the Member States shall be taken into account. Without prejudice to the specific rules laid down for each of the categories numbered 15 to 46 in Annex II, the spirit drinks defined therein may: be obtained from any agricultural raw material listed in Annex I to the Treaty; have addition of alcohol as defined in Annex I(5) to this Regulation; contain natural or nature-identical flavouring substances and preparations as defined in Article 1(2)(b)(i) and (ii) and in Article 1(2)(c) of Directive 88/388/EEC; contain colouring as defined in Annex I(10) to this Regulation; be sweetened to correspond to particular product characteristics and according to Annex I(3) to this Regulation and taking into account the particular legislation of the Member States. Without prejudice to the specific rules laid down in Annex II, other spirit drinks which do not meet the requirements of categories 1 to 46 may: be obtained from any agricultural raw material listed in Annex I to the Treaty and/or foodstuff suitable for human consumption; have addition of alcohol as defined in Annex I(5) to this Regulation; contain one or more of the flavourings as defined in Article 1(2)(a) of Directive 88/388/EEC; contain colouring as defined in Annex I(10) to this Regulation; be sweetened to correspond to particular product characteristics and according to Annex I(3) to this Regulation.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.