Application Number: G/4/2023/00003

Filing Date: 09-Oct-2023

Registration Date: 12-Jan-2024

Applicant: The Scotch Whisky Association

Goods: Spirits

Geographical Area: Scotch Whisky is whisky distilled and matured in Scotland. Scotland is located in the northern region of the United Kingdom, which is off the North Western coastline of continental Europe. Scotland is bordered by England in the South, the Sea of the Hebrides, the Atlantic Ocean and the North Sea. Mainland Scotland lies roughly between 55 degrees N and 60 degrees N, and between 1.7 degrees W and 6 degrees W The Shetland Islands, the most northerly part of Scotland are about 61 degrees N, and the islands of The Outer Hebrides are approximately 7 degrees West. Within the Scotch Whisky geographical indication are the following protected locality and regional geographical indications. The protected localities are: (a) “Campbeltown”, comprising the South Kintyre ward of the Argyll and Bute Council as that ward is constituted in the Argyll and Bute (Electoral Arrangements) Order 2006(a); and (b) “Islay”, comprising the Isle of Islay in Argyll. The protected regions are: (a) “Highland”, comprising that part of Scotland that is north of the line dividing the Highland region from the Lowland region; (b) “Lowland”, comprising that part of Scotland that is south of the line dividing the Highland region from the Lowland region; and (c) “Speyside”, comprising: (i) the wards of Buckie, Elgin City North, Elgin City South, Fochabers Lhanbryde, Forres, Heldon and Laich, Keith and Cullen and Speyside Glenlivet of the Moray Council as those wards are constituted in the Moray (Electoral Arrangements) Order 2006(b); and (ii) the Badenoch and Strathspey ward of the Highland Council as that ward is constituted in the Highland (Electoral Arrangements) Order 2006(c).

Disclaimer/s: Whisky

Quality, Characteristics, Reputation: The three factors which distinguish Scotch Whisky from other whisky are: (a) the differences in the production process, including differences reflected in the legal definitions; (b) the geography, geology and climate of Scotland; and (c) the skills and knowhow of the distiller and the blender.

Production Process

1. The Scotch Whisky definition prohibits the use of added enzymes and requires the use of malted barley. The reliance on malted barley enzymes in the production of Scotch Whisky means that the initial fermentation substrate can be quite different to that of whisky produced with the use of added enzymes. The composition of the substrate, particularly in relation to the sugars, has an effect on the type of yeast which can be used and thus the congeners which are produced.

2. The Scotch Whisky definition requires the mandatory use of oak casks, whereas, for example, Regulation (EC) No 110/2008 requires only the use of wooden casks.

3. All processes for Scotch Whisky from mashing of the cereals, conversion into a fermentable substrate, fermentation and distillation must take place at the same distillery, and all maturation of Scotch Whisky must take place in Scotland.

Natural Factors in the Geographical Area

1. The geology and geography of Scotland – Scotland comprises the northern one-third of the island of Great Britain and includes over 790 islands and archipelagos. It is divided into Highland and Lowland areas by the Highland Boundary Fault. The Highlands and Islands to the north and west of the fault make up about 60% of the land mass. Scotland has a varied but unique geology resulting from major seismic activity many years ago. Pure water, which is one of the principal natural raw materials in the manufacture of Scotch Whisky, varies according to the local rocks and countryside through which it flows on its way to each distillery.

2. The climate of Scotland – The climate of Scotland also has a significant effect on the character of Scotch Whisky. The prevailing wind is from the south west bringing warm moist air from the Atlantic. Although quite far north, Scotland has a cool, mild climate. The Highlands and Western Islands are one of the wettest areas in Europe with annual rainfall of up to 4577mm. The East is drier and suitable for the growth of barley and wheat. The cool, humid climate provides plentiful supplies of good quality water.

3. Water – The wet climate of Scotland ensures that the country has an abundance of clean, fresh water. Scotch Whisky distilleries have always been built where there is a good reliable source of water of a particular quality, and distilleries frequently own the source of their water to ensure a continuous supply and that it remains pure and uncontaminated. Water is one of the three natural raw materials of Scotch Whisky.

4. Peat – Used historically as a fuel both for firing stills and for drying barley during the malting process, peat is in plentiful supply in Scotland. Peat still plays an important role in the production of Scotch Whisky and its flavour.

5. Factors influencing the fermentation – In the cool climate of Scotland the fermentation can be started at low temperatures and allowed to heat up naturally to a maximum of about 33ºC.

6. Influence of climate on maturation – Scotland has a maritime climate heavily influenced by the Gulf Stream. During maturation the spirit permeates the oak cask, and alcohol and water can evaporate. In warmer, dryer climates more water evaporates than alcohol leading to an increase in alcoholic strength in the cask. This affects the various interactions which are occurring. In the cool, moist climate of Scotland, there is less of an overall rate of evaporation loss but proportionately more alcohol evaporates resulting in a reduction of the alcoholic strength.

Characteristics Attributable to the Geographical Area Composition of the Scotch Whisky distillate:

1. Water – Whether it is ‘peaty’ water which seeps through Scottish moors, ‘soft’ water which has flowed over granite rocks, or ‘hard’ water that has flowed through sandstone, the nature of the water used for mashing and fermentation plays an important part in the character and quality of the Scotch Whisky distillate

2. Endogenous enzymes – The Scottish requirement to use only the endogenous barley enzymes results in a more complex substrate, which in turn requires specialised yeast strains to carry out the fermentation.

3. Fermentation – The fermentation pattern referred to above, which is made possible by the Scottish climate, affects the character of the final distillate.

4. Composition of the distillate – Numerous other geographical factors influence the composition of the distillate, including the levels of congeners produced during fermentation; the still design, the rate of distillation, copper contact and the fractions collected. These are all determined by practices which have evolved in the geographical area over time. The distiller uses his or her know-how to control the entire distilling process to obtain the desired characteristics in the distillate.

Organoleptic characteristics of Scotch Whisky:

1. Maturity – The cool and damp Scottish climate provides ideal conditions during maturation to produce a very different spirit than would be produced by maturation in different climatic conditions. For that reason, it is required that all maturation of Scotch Whisky must take place in Scotland i.e. it cannot be matured for any period of time in another country.

2. Peat aroma – Peat, a natural fuel consisting of turf cut from the moors of Scotland, is used to varying degrees to fire kilns in the malted barley drying process, along with more modern fuels. Smoke from the fire drifts upwards through a wire mesh floor to dry out the barley, and imparts a distinctive aroma, known as ‘peat reek’. These peaty aromas pass through the process into the distilled product and contribute to the character of the final spirit. Commercial malting companies also supply distilleries with “peated” barley malt. The distiller decides the degree of “peatiness” they wish to have in their Malt Scotch Whisky, ranging from none to heavily peated.

3. Blenders’ art – Blenders strive to maintain the consistency of their Scotch Whisky brands. The blender of each company will train a successor and in this way the skill is handed down from one generation to another, ensuring the typical Scotch Whisky taste is replicated generation after generation. Whereas the distilling of Scotch Whisky is a science which has been developed over the years, the blending of Scotch Whisky is an art.

Human and Process Factors in the Geographical Area

Skills and processes developed in Scotland and handed down over the centuries also have a significant effect on the quality and character of Scotch Whisky:

1. Raw materials – Scotch Whisky is made with malted barley, with or without other cereals, yeast and water. In Scotland, in some cases, the malted barley is dried over a peat fire. In Scotland the cereals are made into a mash with hot water and the cereal starch is broken down by the amylase enzymes of the malted barley. In the Scottish process, no added enzymes are allowed.

2. The stills – The whole process for the production of Scotch Whisky has been refined over the years to optimise quality and to produce a particular character. Each malt whisky distillery has its own unique copper stills. It is scientifically established that the different shapes of the stills lead to differences in the flavour of the Scotch Whiskies produced.

3. The distiller – The distiller is responsible for ensuring that only the best quality spirit is filled into cask for maturation to become Scotch Whisky. Ethanol and other volatile substances are separated from the fermented wort by distillation, during which some of the volatile substances can interact to form new congeners. There is little rectification during the pot distillation used in the malt whisky process. Some rectification occurs in column distillation, but the permitted maximum distillation strength ensures that the grain whisky distillate has a flavour and aroma derived from the raw materials and is not neutral.

4. The cooper – The type and quality of casks used to mature Scotch Whisky has a very significant effect on the quality and character of the final product. Although the great majority of the casks used to mature Scotch Whisky have previously been used for other spirits and wines, casks require to be reconditioned and repaired, reassembled, ‘toasted’ with heat, ‘decharred’ and ‘charred’. This involves skills in working with the wood and heat to produce a good quality cask, which will also not leak.

5. The blender – There are over 140 Scotch Whisky distilleries and many companies trade whiskies with each other to increase the variety of whiskies available to them for blending. Skilled blenders are the developers of brand recipes and custodians of their on-going maintenance in terms of quality and consistency. A Blended Scotch Whisky may contain over 50 different single whiskies, and these may have been matured in a range of sizes of casks, made of different types of oak and of different maturation potential. The blender’s skill and know-how allows all of the different variables to be combined to result in a product which has a quality that is greater than the sum of each component. The blender will combine hundreds of casks of different whiskies of different ages from different distilleries to produce exactly the same quality and style of blend for every batch of his or her brand. As every cask of Scotch Whisky is different, this involves considerable skill relying largely on sense of smell to assess the quality and characteristics of each cask.

Reputation of Scotch Whisky

1. Historical origins – Scotch Whisky has been produced in Scotland for more than 500 years and has been exported from Scotland for around 200 years. The term “whisky” derives originally from the words in the Gaelic language “Uisge Beatha” or “Usquebaugh”. Gaelic is the traditional language spoken in the Highlands of Scotland and Ireland. The Gaelic description first evolved into “Uiskie” and then “Whisky”. A Royal Commission was set up in 1908 in the United Kingdom to decide what restrictions should apply as to how Scotch Whisky was made. It issued its report in 1909. The Immature Spirits (Restriction) Act, 1915 required ageing of Scotch Whisky in barrels for at least 2 years, which was extended to 3 years in 1916. Subsequently, Scotch Whisky was defined by statute in UK law in 1933, and it has been defined in UK legislation since that date.

2. Worldwide sales – Around 1.67 billion bottles of Scotch Whisky were exported from the UK to over 170 countries, including the Philippines, in 2022, to the value of over £6.2 billion.

3. International recognition and GI Registrations

a. Under Regulation (EU) No 2019/787, and previously Regulations (EC) No 110/2008 and (EEC) No 1576/89, Scotch Whisky has been recognised as a geographical indication in the European Union (EU) since 1989. Prior to 1989 Scotch Whisky was protected by the laws of a number of individual EU Member States. For example, it has been protected as an appellation of origin in France since 1975 under a bilateral agreement between France and the United Kingdom.

b. Outside the EU, numerous other countries have defined Scotch Whisky in their legislation as whisky produced solely in Scotland. For example, the US legal definition of Scotch Whisky is: “whisky which is a distinctive product of Scotland, manufactured in Scotland in compliance with the laws of the United Kingdom regulating the manufacture of Scotch Whisky for consumption in the United Kingdom”.

c. Scotch Whisky is also registered as a geographical indication in a number of countries including, for example, Canada, China, India, Malaysia, Panama, Thailand, Turkey, Vietnam, Peru and the Dominican Republic. A list of countries in which Scotch Whisky is registered as a GI, Collective and Certification Trademark is attached to this application, together with examples of GI registration certificates from around the world.

d. Even in countries where there is no specific legal protection for Scotch Whisky, it has been protected under the national laws of passing off or unfair competition. The Scotch Whisky Association has taken extensive legal action worldwide for more than 50 years to ensure that the description “Scotch Whisky” is only used for whisky produced in Scotland in accordance with the laws of the United Kingdom.

Throughout the Scotch Whisky process, there are numerous factors which influence the final character of Scotch Whisky. Each company has its own skills and expertise which supplement the natural factors, such as climate and water. It is the combination of human and natural factors which contribute to the reputation, character and quality of Scotch Whisky.