25.2.2012 Official Journal of the European Union L 53/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 164/2012 of 24 February 2012 amending Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 110/2008 of the European point 5 of that Annex defines ‘brandy’ as a spirit drink produced from wine spirit. Further, it was claimed that the use of the term ‘brandy as part of a geographical indication related to a cider spirit would mislead the consumer as to the true nature of the product. Parliament and of the Council of 15 January 2008 on the 4 ‘Somerset Cider Brandy’ is well established in the United definition, description, presentation, labelling and the protection Kingdom and has been known to consumers as ‘cider of geographical indications of spirit drinks ('), and in particular brandy’ for a significant period of time. It enjoys a Article 26 thereof, high reputation and forms an essential part of the heritage of the county of Somerset. To require producers to modify the use of the term would not be Whereas: proportionate to the objective of reserving the term ‘brandy’ only to wine spirits because it would cause prejudice to the regional economy of the county of (1) The United Kingdom applied for the registration of Somerset while it would not correspond to the expec- ‘Somerset Cider Brandy, as a geographical indication, in taF10ns of the consumers concerned, who are familiar Annex Il to Regulation (EC) No 110/2008, in with that type of beverage. accordance with the procedure provided for in Article 17(1) of that Regulation. ‘Somerset Cider Brandy is a cider spirit traditionally produced in the county of Somerset of the United Kingdom. It constitutes (5)  ‘Somerset Cider Brandy’ is not well known in the rest of a distinct cask aged product distilled from cider made the Union. To make the consumer aware of the true exclusively from apples grown in that county. nature of the product in all Member States, thus avoiding any risk of confusion, the obligation to put the corresponding sales denomination ‘cider spirit’ on (2)  The application to register the name ‘Somerset Cider the label should be laid down. In the light of the Brandy was published in the Official Journal of the above, the name ‘Somerset Cider Brandy should be European Union () for the purposes of the objection registered as a geographical indication in Annex III to procedure, in accordance with Article 17(6) of Regulation Regulation (EC) No 110/2008. (EC) No 110/2008. (3)  Spain submitted an objection to the registration of (6)  The geographical indication ‘Herbal vodka from the () ) ‘Somerset Cider Brandy’ on the ground that Article 9(1) of Regulation (EC) No 110/2008 provides that a spirit drink that meets the specifications for a product defined in categories 1 to 46 of Annex II to that Regulation has to bear the sales denomination assigned in that Annex. In particular, point 10 of Annex II defines ‘cider spirit’ as a spirit drink produced through distillation of cider, and L 39, 13.2.2008, p. 16. C 242, 9.10.2009, p. 22. North Podlasie Lowland aromatised with an extract of bison grass/Wdédka ziotowa z Niziny Péinocnopodlaskiej aromatyzowana ekstraktem z trawy zubrowej is registered in product category 15 of Annex IIl to Regu- lation (EC) No 110/2008, corresponding to ‘vodka'. However, the appropriate classification for this product, according to its specifications, should be ‘flavoured vodka’. Therefore, a new product category 31 ‘flavoured vodka’ should be inserted for this geographical indication in Annex III to that Regulation.