Judgment_paragraph 10 · European Commission v Hellenic Republic (C-91/18)

10In accordance with Annex II to that regulation:‘…6. Grape marc spirit or grape marc(a) Grape marc spirit or grape marc is a spirit drink which meets the following conditions:(i) it is produced exclusively from grape marc fermented and distilled either directly by water vapour or after water has been added;(ii) a quantity of lees may be added to the grape marc that does not exceed 25 kg of lees per 100 kg of grape marc used;(iii) the quantity of alcohol derived from the lees shall not exceed 35% of the total quantity of alcohol in the finished product;(iv) the distillation shall be carried out in the presence of the marc itself at less than 86% vol.;(v) redistillation at the same alcoholic strength is authorised;(vi) it contains a quantity of volatile substances equal to or exceeding 140 grams per hectolitre of 100% vol. alcohol and has a maximum methanol content of 1000 grams per hectolitre of 100% vol. alcohol.(b) The minimum alcoholic strength by volume of grape marc spirit or grape marc shall be 37.5%.(c) No addition of alcohol as defined in Annex I(5), diluted or not, shall take place.(d) Grape marc spirit or grape marc shall not be flavoured. This shall not exclude traditional production methods.(e) Grape marc spirit or grape marc may only contain added caramel as a means to adapt colour.…28. Anis(a) Anis is an aniseed-flavoured spirit drink whose characteristic flavour is derived exclusively from anise (Pimpinella anisum L.) and/or star anise (Illicium verum Hook f.) and/or fennel (Foeniculum vulgare Mill.).(b) The minimum alcoholic strength by volume of anis shall be 35%.(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of anis.29. Distilled anis(a) Distilled anis is anis which contains alcohol distilled in the presence of the seeds referred to in category 28(a), and in the case of geographical indications mastic and other aromatic seeds, plants or fruits, provided such alcohol constitutes at least 20% of the alcoholic strength of the distilled anis.(b) The minimum alcoholic strength by volume of distilled anis shall be 35%.(c) Only natural flavouring substances and preparations as defined in Article 1(2)(b)(i) and Article 1(2)(c) of Directive 88/388/EEC may be used in the preparation of distilled anis.…’