Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission consultation, 8 November 2022
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Commission consultation: Draft Commission Implementing Regulation (EU) amending Regulation (EC) No 2870/2000 laying down Community reference methods for the analysis of spirit drinks, and repealing Regulation (EEC) No 2009/92 A copy of the draft regulation is available on this site (clcik on image). There is an associated draft Annex - see: Draft Annex. |
The consultation is open from 8 November 2022 - 6 December 2022. For more details, see the Commission page: Spirit drinks: EU reference methods of analysis for ethyl alcohol of agricultural origin.
Summary
This act aims at extending the EU reference methods for the analysis of spirit drinks to the analysis of ethyl alcohol of agricultural origin, following the amendment of its definition and requirements in the spirit drinks regulation. At the same time, it aims at repealing the relevant legislation in force, which has become obsolete.
The following are the recitals from the draft regulation.
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 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.
In that context, it is deemed necessary to amend Commission Regulation (EC) No 2870/2000 to extend the reference methods set out in the Annex thereto to the analysis of ethyl alcohol of agricultural origin.
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 trength 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.
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, which is now obsolete, aimed at determining the ¹⁴C content in ethanol permitting a distinction between synthetic alcohol and fermentation alcohol.
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.
Concerning furfural, the reference method for its measurement should be based on the established method provided for the analysis of furfural in spirit drinks, which is the liquid chromatography method for wood compounds set out in Chapter X of the Annex to Regulation (EC) No 2870/2000.
As there is a difference in alcoholic strength between ethyl alcohol of agricultural origin and the spirit drinks for which there are reference methods of analysis set out in the Annex to Regulation (EC) No 2870/2000, and taking into account that concentrations of volatile substances (esters, aldehydes, higher alcohols) expected for ethyl alcohol of agricultural origin are considerably at lower limits than for some spirit drinks, it is appropriate to determine minor adaptations to those methods to accommodate those differences.
Regulation (EC) No 2870/2000 should therefore be amended accordingly.
Commission Regulation (EEC) No 2009/92 relates to the analysis of ethyl alcohol of agricultural origin. Since its adoption, the rules concerning these methods of analysis have evolved with the repeal of Commission Regulation (EEC) No 1238/92, concerning the analysis of neutral alcohol, by Commission Regulation (EC) No 1623/2000, as well as the adoption of a definition and requirements for ethyl alcohol of agricultural origin in Article 5 of Regulation (EU) 2019/787. Regulation (EEC) No 2009/92 is therefore becoming obsolete.
In the interest of clarity and legal certainty, Regulation (EEC) No 2009/92 should be repealed.
The measures provided for in this Regulation are in accordance with the opinion of the Committee for Spirit Drinks.
