(i) that has a minimum alcoholic strength by volume of 40%.

Article 3

1. With the exception of juniper-flavoured spirit drinks as defined in Article 1 (4) (m) (1), for the spirit drinks listed below, the minimum alcoholic strength by volume for release

for human consumption in the Community under one of the names listed in Article 1 (4), with the exception of certain specific products whose alcoholic strength is indicated in Annex III, shall be as follows:

- 40 %

whisky/whiskey

pastis

- 37,5 %

rum

Rum-Verschnitt

wine spirit

grape marc spirit

fruit marc spirit

raisin spirit

fruit spirit

cider spirit, eider brandy and perry spirit

gentian spirit

gin/distilled gin

akvavit/aquavit

vodka

grappa

ouzo

Kornbrand

- 36 %

brandy/Weinbrand

- 35 %

grain spirit/grain brandy

anis

- 32 %

Korn

- 30 %

caraway-flavoured spirit drinks (except akvavit/aquavit)

- 25 %

fruit spirit drinks

- 15 %

aniseed-flavoured spirit drinks (except ouzo, pastis, anis)

the other products referred to in Article 1 (4) and not listed above.

2. National provisions may set a minimum alcoholic strength by volume which is higher than the values referred to in paragraph 1 for the spirit drinks listed in Annex II. Member States shall notify the Commission of such alcoholic strengths within three months of:

- either the entry into force of this Regulation, in the case of existing provisions,

- or their adoption, in the case of any provisions which may be adopted after this Regulation comes into force.

The Commission shall ensure that they are published in the 'C' series of the Official Journal of the European Communities.

3. The Council, acting by a qualified majority on a proposal from the Commission, may fix minimum alcoholic strengths by volume for categories of drinks other than those referred to in paragraph 1.

4. Before 31 December 1992, the Council will review the minimum alcoholic strength of whisky/whiskey on the basis of a market study by the Commission.