Questions from MEPs on the ban on distance selling of alcohol, on alcohol advertising and energy drinks

1 .- Oral question for Question Time at the part-session in October 2008 pursuant to Rule 109 of the Rules of Procedure by Ari Vatanen to the Commission

24 September 2008

Subject: Conflict between the ban on distance selling of alcohol and Article 28 of the EC Treaty

A ban on distance selling, under which offenders are liable to prosecution, applies to sales which involve either the vendor or a proxy acting on his behalf sending or transporting to Finland the alcohol which has been sold. The interpretation applied by Finland is based on the principle that only a holder of a licence for the retail sale of alcohol may surrender alcohol to a consumer. By law, only the State alcohol monopoly can obtain such a licence.

Do Finland's law and its administrative application violate Article 28 of the EC Treaty, bearing in mind that they deny vendors operating in other Member States the right to engage in distance selling of alcohol to consumers in Finland?

2 .- Written question by Anna Hedh (PSE) to the Commission

13 October 2008

Subject: Advertising of alcoholic drinks

Alcoholic energy drinks are a relatively new product on the market. A study by the Wake Forest University School of Medicine in May 2007 showed that university students who drink alcohol mixed with energy drinks have a significantly higher risk of injury and other consequences of alcohol consumption, compared with those who only drink alcohol. A combination of an energy drink and alcohol is considered to be more dangerous first and foremost because it contains caffeine and other substances which reduce the side effects of intoxication, including drowsiness. For young people with little experience of alcohol or for people who have difficulty controlling their consumption this means fewer signals indicating when they have had too much. Heavily intoxicated people can stay awake longer than otherwise and can therefore continue to drink in a state when they otherwise would have fallen asleep. This increases the risk of alcohol poisoning and other harmful effects. Furthermore, these drinks are marketed in a way and in packaging that often resemble those for non-alcoholic energy drinks. This could lead to situations where people drink alcohol unintentionally.

The alcohol industry has in recent years also introduced more products marketed in a way that clearly aims to attract young female consumers. In addition to the general problems of young people's alcohol consumption, there is research which suggests that women run a greater risk of developing, among other things, liver damage.

Another trend is to try to gain market advantage by claiming that certain types of alcohol are diet products, in that they contain fewer calories, a message which is bordering on a health claim and signals that the product fits in with an otherwise healthy and active lifestyle.

Does the Commissioner consider that the EU has sufficiently strict legislation for the marketing of alcohol, when the industry is so clearly targeting young people in its advertising films and product development, as in the above examples? How is the Commission monitoring the recommendations that have been established? Does the Commissioner consider that there is reason to require clearer labelling and/or warnings on products that can be considered especially dangerous or that do not obviously contain alcohol?

Answer given by Mrs Vassiliou on behalf of the Commission

Alcoholic energy drinks are only the latest development in a trend of innovative product development that started in the 1990s. There can be little doubt that the new products are especially attractive to young persons.

Public health authorities and non-governmental organisations have expressed their concerns about these products on several occasions.

At EU level, the 2001 Council Recommendation1 on the drinking of alcohol by young people, in particular children and adolescents, emphasises that producers should not produce alcoholic beverages specifically targeted at children and adolescents.

As part of the implementation of the EU strategy on alcohol-related harm, the Commission has established a European Alcohol and Health Forum as a Platform of action for stakeholders. One of the priority areas for intervention is the prevention of underage drinking, including by not specifically targeting young consumers.

Regarding the trend pointed out by the Honourable Member that companies try to gain market advantage by claiming that certain types of alcohol are diet products, it is national law enforcement agencies that are responsible for assessing if there is indeed an infringement of existing legislation (in this case on health claims).

Finally, in terms of labelling, the Commission proposal on the provision of food information to consumers2 acknowledges the importance of providing consumers with information on alcoholic beverages. The proposed rules would significantly improve the present situation since ready to drink mixed alcoholic beverages that currently escape the obligation to provide information on their composition, would be required to bear ingredient listing and full nutrition labelling.

2 [Council Recommendation 2001/458/EC of 5 June 2001 on the drinking of alcohol by young people, in particular children and adolescents, OJ C 175, 20.6.2001.

2 Proposal for a Regulation of Parliament and of the Council on the provision of food information to consumers, COM (2008) 40 final.

3.- WRITTEN QUESTION by Anne Ferreira (PSE) to the Commission

Subject: Dangers posed by the Red Bull energy drink

Sales of the original version of the Red Bull energy drink have been banned in France owing to the presence of two ingredients — taurine and D-glucuronolactone — which have been shown to have neurotoxic effects on and to cause kidney damage in rats.

On the basis of the precautionary principle, the French Food Safety Agency (AFSSA) therefore made it clear that the product in question could not be regarded as safe for human consumption. Nevertheless, it can still be marketed in the other EU countries, with the exception of Denmark.

Invoking the principle of the free movement of goods, the firm which produces the drink is putting pressure on France to allow it to be marketed there.

Given the scientific data available, does the Commission not take the view that there is in fact a case for referring the matter to the European Food Safety Authority so that a more thoroughgoing analysis can be carried out, with the aim of determining whether the product is safe, and, possibly, for suspending sales of the product whilst the necessary studies are conducted?

In addition, pending such clarification should attention not be drawn, by means of specific, clear labelling, to the potential dangers of consuming this product? The issue at stake here is the protection of consumers' health, which the Commission must make an absolute priority, in particular as regards minors, pregnant women and all other vulnerable individuals.

Answer given by Ms Vassiliou on behalf of the Commission

Date: 15 September 2008

The composition of ‘energy drinks' is not regulated at European level. Therefore, it is primarily the responsibility of Member States to correctly apply the provisions of the Treaty in order to ensure the free circulation of goods on the internal market and to protect consumers.

It should be noted by the Honourable Member that the Scientific Committee (SCF) on food was requested to evaluate the safety of caffeine, taurine and S-glucuronolactone as constituents of the so-called ‘energy' drinks. SCF expressed a first opinion on 21 January 1999(1) and, following the availability of additional data, a second on 5 March 2003(2).

Following the concerns expressed in the 1999 SCF opinion on the possible high intake of caffeine from energy drinks during pregnancy, Commission Directive 2002/67/EC(3) of 18 July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine has introduced the obligation to provide a warning message on beverages which do not naturally contain caffeine when this is in excess of 150 mg/l.

Furthermore, in 2007, following new studies provided by a manufacturer of ‘energy' drinks, the European Food Safety Authority (EFSA) has been asked to consider whether the conclusions of the SFC opinions need to be updated (EFSA-Q-2007-113). The Authority is expected to complete the assessment of the new data by the end of 2008. Following the results of this assessment, the Commission will examine the need for further action.

(1)http://ec.europa.eu/food/fs/sc/scf/out22_en.html

(2) http://ec.europa.eu/food/fs/sc/scf/out169_en.pdf

(3) OJ L 191, 19.7.2002