WRITTEN QUESTION by Marian Harkin (ALDE) on Advertising of alcohol products

5 August 2009 Is there any proposal to ban alcohol advertising during certain hours either on a voluntary or mandatory basis?

Answer given by Mrs Vassiliou on behalf of the Commission

Assuming that the Honourable Member of the Parliament is referring, at least in part, to alcohol advertising on television, the answer to her question would be as follows:

At EU-level the legal framework for alcohol advertising on television is laid down in Directive No 89/552/EEC[1][1], as last amended by Directive No 2007/65/EC[2][2] (henceforth "AVMSD").

The new Article 3e stipulates that "audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages".

Like the other provisions contained in the amending Directive, this Article will have to be implemented by Member States as from 19 December 2009.

Moreover, the current Article 15, which continues to apply to broadcast ("television") services, remains unchanged. It contains a number of restrictions concerning television advertising for alcohol:

"Television advertising and teleshopping for alcoholic beverages shall comply with the following criteria:

(a) it may not be aimed specifically at minors or, in particular, depict minors consuming these beverages;

(b) it shall not link the consumption of alcohol to enhanced physical performance or to driving;

(d) it shall not claim that alcohol has therapeutic qualities or that it is a stimulant, a sedative or a means of resolving personal conflicts;

(e) it shall not encourage immoderate consumption of alcohol or present abstinence or moderation in a negative light;

(f) it shall not place emphasis on high alcoholic content as being a positive quality of the beverages."

The Commission is currently not proposing to ban alcohol advertising during certain hours, either on a voluntary basis or a mandatory basis.

However, Member States may adopt stricter rules than the ones contained in the AVMSD provided that such provisions are otherwise compatible with Community law and, notably, remain proportionate to the objective of general interest pursued. Many Member States have done so.

Broadcasting times under which (certain types of) alcoholic beverages may be advertised are restricted in 16 Member States, and aim at reducing the exposure of children to alcohol advertising. Finland (2007), Lithuania (2008) and the Netherlands (2009) are the most recent to have introduced a television watershed which prohibits alcohol advertisements between specified times in the early morning and in the evening. In these three countries the specified times are successively 07:00-21:00, 06:00-23:00, and 06:00-21:00.