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01/11/2007

Questions from Members of the Parliament to the Commission on alcohol related topics

1 .- Prenatal alcohol consumption and the Health and Alcohol Forum

ORAL QUESTION H-0700/07 for Question Time at the part-session in October 2007 pursuant to Rule 109 of the Rules of Procedure by Avril Doyle to the Commission

Tabled: 12.09.2007

Given the increasing propensity of young women to binge drink in Europe, there is a substantial risk of neurological damage to foetuses which can cause foetal alcohol spectrum disorders and other complications.

The Commission's Communication on 'an EU strategy to support Member States in reducing alcohol-related harm' proposed the setting up of an Alcohol and Health Forum, which was set up on 7 June 2007.

Does the Commission agree that this Forum must examine closely the issue of prenatal consumption of alcohol, as women need urgent information on the risks associated with alcohol consumption during pregnancy?

Reply to oral question: Date published: October 26 2007

The Commission is aware of the fact that due to the increasing levels of alcohol consumption by young women, there is a considerable risk of neurological damage to foetuses. The Commission has addressed this issue in its Communication of 24 October 2006, which places the protection of the unborn child amongst the priority themes for action. As an example of good practice, the Communication refers to the fact that some Member States have introduced, or are planning to introduce, labelling on alcoholic drinks to protect pregnant women and the unborn child. With regard to such warning labels, the Commission will explore, in co-operation with Member States and stakeholders, the potential for developing efficient common approaches throughout the Community to provide adequate information.

Warning labels are however only one – albeit important – element within a range of measures that can improve information and raise awareness, and should therefore be part of a broader strategy. The Commission will therefore support Member States and stakeholders in their efforts to develop information and education programmes with regard to alcohol consumption and pregnancy. This will be done by combining the following two approaches:

- together with the relevant stakeholders the Commission will develop, within the framework of the European Alcohol and Health Forum, concrete actions aimed at protecting European citizens from the harmful use of alcohol. Parliament has been invited to participate as an observer in the Forum and can therefore follow its progress;

- within the new Committee on National Policy and Action (which is composed of Member States representatives), the Commission will explore the scope for the formulation of European objectives for curbing the incidence of Foetal Alcohol Syndrome and Foetal Alcohol Spectrum Disorders.

This corresponds to a specific request made in Parliament's Resolution of 5 September 2007.

In summary, the Commission will therefore not just use the Alcohol Forum in order to make sure that women receive information on the risks associated with alcohol consumption during pregnancy, but will also actively work with Member States to this end.

2 .- Nutrition and health claims appearing on foodstuffs

WRITTEN QUESTION E-4815/07 by Esther Herranz García (PPE-DE) to the Commission

In the European Union there are de-alcoholised wines of less than 1.2% proof by volume of alcohol. Pursuant to the new Regulation (EC) No 1924/2006[1], could the manufacturers of such wines make nutrition and health claims in advertising campaigns with a view to promoting the consumption thereof? If they could, what procedures would they have to follow and what requirements would they have to fulfil? Would any health claim concerning those wines have to be linked to a mention of the fact that they have a low alcohol content?

Answer given by Mr Kyprianou on behalf of the Commission

Date published: November 16 2007

In accordance with the Regulation (EC) No 1924/2006, only the beverages containing more than 1,2 percent (%) by volume of alcohol shall not bear health claims. As far as nutrition claims are concerned, only nutrition claims referring to low alcohol levels, or the reduction of the alcohol content, or the reduction of the energy content for beverages containing more than 1,2% by volume of alcohol, shall be permitted.

Health and nutrition claims can be made on foods, including beverages containing a maximum of 1,2% by volume of alcohol, provided that they are in compliance with Regulation (EC) No 1924/2006. Compliance with the Regulation refers, until the establishment of nutrient profiles, to the general principles and conditions for all claims and to any specific conditions imposed on each type of claim.

Nutrition claims can be used if these are listed in the annex to the Regulation and are in conformity with the conditions set out in the Regulation.

Health claims referring to either a reduction of disease risk or children's development and health must undergo an individual authorization procedure, in which the European Food Safety Authority (EFSA) shall provide an opinion on the scientific substantiation of the claim in question.

Health claims other than those referring to the reduction of disease risk and to children's development and health ("functions claims") shall either - if they are based on generally accepted scientific evidence and well understood by the average consumer - go into the foreseen Community list of permitted health claims, or - if they are based on newly developed scientific evidence and/or include a request for the protection of proprietary data - be adopted following the so called fast procedure foreseen in the Regulation. In both procedures EFSA shall provide an opinion on the scientific substantiation of the claim in question.

In accordance with the Regulation any use of nutrition and health claims triggers an obligation to provide nutritional information pursuant to Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs.

3 .- Use of the term 'wine' in the labelling of fruit wines

WRITTEN QUESTION E-4734/07 by Czesław Adam Siekierski (PPE-DE) to the Commission

Date published: 29 November 2007

In its proposal for the reform of the common organisation of the market in wine, the Commission is proposing to introduce a ban on the use of sugar to increase the alcohol content of wine. In my view, it should remain possible to do so in accordance with the current rules, given that this method is used in many EU Member States where the weather conditions are less favourable. A ban on the use of sugar to increase the alcohol content of wine would unnecessarily increase production costs and thus place many producers in a more difficult position.

Another major issue is the lack of any provisions governing the use of the term 'wine' in the labelling of fruit wines. The current regulation (Regulation (EC) No 1439/99[1]) authorises the use of the name 'wine' in the labelling of products other than wine made from grapes. This authorisation is omitted from the new proposal for a regulation.

Why has the authorisation for the use of the name 'fruit wine' not been included in the new proposal for a regulation?

Will the omission of this authorisation from the new proposal not restrict or hamper the use, in accordance with the current rules, of names such as 'fruit wine' or 'apple wine'? Such names are deeply rooted in the consciousness of consumers, and wines of this kind have been produced in many EU Member States for centuries. In Poland, wine production is a tradition that dates back to the 13th Century.

Answer given by Ms Fischer Boel on behalf of the Commission

The Honourable Member is informed that the Commission proposal[2] for a new common organization of this market in wine, inter alia, intends to improve the coherence of the definition of wine and the use of enrichment practices.

On the question on the prohibition of enrichment with sucrose, Council Regulation (EC) No 1493/1999[3] on the common organisation of the market (CMO) in wine defines wine in Annex I as "the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must". Grape must in turn is defined as "the liquid product obtained naturally or by physical processes from fresh grapes". The above definition of wine has been in force since the adoption of Council Regulation (EEC) No 816/70 of 28 April 1970[4] and is maintained in the current reform proposal.

Enrichment of wine with added sugar currently constitutes a derogation from the general rule and should be practiced only in years characterised by unfavourable climatic conditions and only in certain zones of the European Union (EU).

In the Judgment of the European Court of Justice of 17.09.1986[5], it was indicated that according to the Commission, "(…) the prohibition of the use of sucrose for enrichment is an objective of the common policy in the wine sector."

Therefore, the existing CMO clearly but exceptionally, allows enrichment of wine using sucrose but the Commission has an obligation and a responsibility to ensure coherence in Community legislation.

By proposing to authorize the enrichment of the alcoholic strength of wine, because there is inadequate fructose in the wine grapes harvested in certain zones of the EU, only by using concentrated must or rectified concentrated must - raw material deriving from fresh wine grapes - the Commission aims to achieve more coherence with the definition of wine.

The International Organisation of Vine and Wine (OIV) adopted practically the same definition of wine as that of the EU, namely "Wine is the beverage resulting exclusively from the partial or complete alcoholic fermentation of fresh grapes, whether crushed or not, or of grape must. Its actual alcohol content shall not be less than 8.5% vol." The use of sucrose is therefore not in line with the OIV definition of wine either.

Concerning the designation "fruit wine" as a sale designation for alcoholic beverages made by alcoholic fermentation of fruit other than grapes, the Member of the Commission responsible for Agriculture published on 5 November 2007 a statement ensuring Member States that the Commission "will find a solution to allow fruit wines to continue to be marketed as they are now". Therefore, a solution on this issue, in a spirit of compromise, will be negotiated with the aim of reaching an overall political agreement on the wine reform before the end of December 2007.

[1] OJ L 404, 30.12.2006, p. 9

[1] OJ L 179, 14.7.1999, p. 1.

[2] COM (2007) 372 final.

[3] OJ L 316, 15.12.2000.

[4] Regulation (EEC) No 816/70 of the Council of 28 April 1970 laying down additional provisions for the common organisation of the market in wine, OJ L 99, 5.5.1970.

[5] Commission of the European Communities v. Federal Republic of Germany – Wine – Enrichment – Rectified concentrated grape must – Case 48/85 – European Court reports 1986, p. 2549.