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LAW OF UKRAINE

of December 1, 2022 No. 2800-IX

About geographical instructions of alcoholic drinks
(Extraction)

(as amended of the Law of Ukraine of 29.06.2023 No. 3193-IX)

This Law determines features of preparation for registration, use and protection of geographical instructions of alcoholic drinks, and also control concerning such geographical instructions for the purpose of prevention to unauthorized use of the registered geographical instructions of alcoholic drinks.

Section VII. Final and transitional provisions

1. This Law becomes effective from the date of, its publication following behind day, and becomes effective in two years from the date of its introduction in force, except:

the provisions establishing requirements to production, excerpts (maturing), the description, representation and marking of the products determined in Item 3 of the article 208 "Temporary measures" of the subsection 3 "Geographical Values" of Chapter 9 "Intellectual property" of the Section IV "The trade and questions connected with trade" Agreements on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their state members, on the other hand, which become effective not earlier than the end of the period specified in Item 3 of the specified Article;

paragraphs of the second or fourteenth and sixteenth subitem 2 of item 4 of this Section which become effective from the date of entry into force of the Law of Ukraine "About introduction of amendments to the Tax Code of Ukraine and some laws of Ukraine concerning simplification of conditions of production of distillates by small business entities;

Item 5 of this Section which becomes effective from the date of entry into force of this Law.

2. Legal protection of geographical instructions of the alcoholic drinks registered before entry into force of this Law is effective is termless, except cases of early termination of action of registration of geographical specifying of alcoholic drink, the stipulated in Article 21 Law of Ukraine "About legal protection of geographical instructions".

3. Determine that since January 1, 2026 use of geographical instructions of alcoholic drinks of the European Union of Cognac (cognac), Armagnac (Armagnac), Calvados (Calvados), Grappa (grappa), AnisPortuges (anise portugezh) for designation and representation of the similar alcoholic drinks coming from Ukraine stops, except the drinks made and marked according to the legislation existing till January 1, 2026 which can be implemented in Ukraine before their termination in warehouses. Official names of the similar alcoholic drinks coming from Ukraine shall be brought into accord with requirements of this Law. Use of the names derivative of geographical instructions of the alcoholic drinks of the European Union provided by this Item for alcohols, spirit distillates, the technologies applied to production of alcoholic drinks since January 1, 2026 is forbidden.

Till January 1, 2029 for production of alcoholic drink of category "brandy" use of distillate wine is allowed, the minimum endurance (maturing) of which in the metal reservoirs enameled or from stainless steel with use of oak staff-wood makes at least three years.

4. Make changes to the following laws of Ukraine:

1) in paragraph ten of part two of article 6 of the Law of Ukraine "About protection of the rights to signs for goods and services" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 7, Art. 36; 2003, No. 35, Art. 271; 2020, 51, the Art. 481) words "alcohols and" to exclude No.;

2) in the Law of Ukraine "About state regulation of production and turnover of ethyl alcohol, spirit distillates, alcoholic beverages, tobacco products, the liquids used in electronic cigarettes and fuel" (Sheets of the Verkhovna Rada of Ukraine, 1995, No. 46, Art. 345 with subsequent changes):

in Article 1:

to state determination of the term "ethyl alcohol" in the following edition:

"ethyl alcohol - alcohol, is classified in goods items of 2207 and 2208 according to UKTVED and is made of agricultural products or of non-food types of raw materials on special technologies";

to state determination of the term "grain distillate" in the following edition:

"grain distillate - the spirit distillate received by distillation (distillation) of fermented wash of grain crops which has the organoleptic characteristics derivative of the used raw materials and is used for production of alcoholic drinks";

add with terms of the following content:

"category of alcoholic drinks - the classification of alcoholic drinks established present By the law and the Law of Ukraine "About geographical instructions of alcoholic drinks" based on their physical, chemical and/or organoleptic characteristics, structure and method of production;

alcoholic drink - the alcoholic drink intended for consumption by the person with a strength from 15% about. (including alcoholic drinks of category "egg liqueur" with a strength from 14% about.), received by one of the following methods or their combination:

distillation of the products received by way of natural spirit fermentation from agricultural products with addition or without addition of fragrances or aromatic foodstuff;

maceration or similar processing of plant raw material in ethyl alcohol from agricultural products and/or spirit distillate from agricultural products, and/or alcoholic drink;

addition (separately or in combination) fragrances, aromatic foodstuff, dyes, sweeteners and/or other agricultural products, and/or foodstuff, other ingredients which use in production of alcoholic drinks is authorized the legislation, alcohol of ethyl and/or spirit distillate, and/or alcoholic drink.

If for production of alcoholic drink drinking water is added (including demineralized, mitigated, processed by means of reverse osmosis), content of alcohol in alcoholic drink after addition of water shall correspond to content of alcohol on the amount established for the corresponding category of alcoholic drinks.

The alcoholic beverages classified in goods items 2203, of 2204, of 2205, 2206 and 2207 according to UKTVED are not considered as alcoholic drinks. For production of alcoholic drinks are used ethyl alcohol (commodity subcategory 2207 10 00 90 according to UKTVED) and the spirit distillates (goods item of 2208 according to UKTVED) received only from agricultural products;

The paragraph the fifteenth is excluded according to the Law of Ukraine on June 29, 2023 of 29.06.2023 No. 3193-IX

the official name of alcoholic drink - the name of category of alcoholic drinks which requirements are conformed by alcoholic drink. For alcoholic drink which does not conform to requirements of any of categories of alcoholic drinks the official name is the name "spirit drink" or the name established by the regulatory legal act, and in case of its absence - the regulating document, on condition of availability in marking of alcoholic drink of the term "alcoholic drink";

add with Article 10-1 of the following content:

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