(2) Absinth is a spirit drink traditionally produced in some Member States. It is obtained
by the maceration and/or distillation of the plant with the same name in ethyl alcohol
of agricultural origin. The marketing of products described as “absinth” is gradually
increasing in the Union. Consequently, the Member States producing this product have
requested the Commission to establish a definition for “absinth”. A new product
category “absinth” setting out such a definition should therefore be included in Annex
II to Regulation (EC) No 110/2008.

[...]

Article 1
Annexes II and III to Regulation (EC) No 110/2008 are amended as follows:

[...]


(c) the following point 25a is inserted:

“25a. Absinth

(a) Absinth is a spirit drink produced by flavouring ethyl alcohol of
agricultural origin or distillate of agricultural origin with absinth
wormwood (Artemisia absinthum L.) in combination with other plants as
Roman wormwood (Artemisia pontica L.), anise (Pimpinella anisum L.),
fennel (Foeniculum vulgare Mill.), hyssop (Hyssopus officinalis), mint (Mentha spp.)
or with other plants provided that their taste is not predominant,
using the following processes or a combination thereof:

(i) maceration and/or distillation at less than 86% vol.;

(ii) re-distillation of alcohol containing grains or other parts of the
plants referred to in the introductory phrase of this point;

(iii) addition of natural distilled extracts of the plants referred to in the
introductory phrase of this point.

(b) The minimum alcoholic strength by volume of absinth shall be 40%.

(c) Absinth shall contain a quantity of thuyone (alpha and beta) between 5
milligrams per litre and 35 milligrams per litre.

(d) Absinth shall have a minimum anethole level of 0.5 gram per litre.

(e) Absinth may have a maximum sugar content of 50 grams per litre
expressed as invert sugar.

(f) Absinth shall not be coloured by other substances than those referred
to in point (a), except for:

– the food colours authorised on the basis of quantum satis, referred
to in Part I of Annex V to Directive 94/36/EC, and

– from 1 June 2013, the food colours authorised on the basis of
quantum satis, referred to in Group II in point 14.2.6. of Part E of
Annex II to Regulation (EC) No 1333/2008 of the European
Parliament and of the Council*.
* OJ L 354, 31.12.2008, p. 16.”