Questions from Members of the European Parliament to European Commission concerning alcohol  

- ORAL QUESTION for Question Time at the part-session in September II 2007 by Anna Hedh (PSE. SW) to the Commission
- ORAL QUESTION for Question Time at the part-session in September II 2007 by Ioannis Gklavakis (EPP-DE, EL) to the 
     Commission: Subject: Amendment of the CMO in wine 
- Written question to the commission on drink driving limit by Alyn Smith (Verts/ALE, UK) to the Commission: Subject: Drink
    driving limit
- WRITTEN QUESTION by Alexandru-Ioan Morţun (ALDE, RO) to the Commission: Subject: Development of a clearer and more
    constructive EU strategy in support of Member States' measures to reduce the harmful effects of alcohol consumption
- ORAL QUESTION for Question Time at the part-session in October 2007 by Avril Doyle to the Commission: Subject:
     Prenatal alcohol consumption and the Health and Alcohol Forum
- WRITTEN QUESTION E-3963/07 by Catherine Stihler (PSE) to the Commission: Subject: Young people and alcohol

ORAL QUESTION for Question Time at the part-session in September II 2007 by Anna Hedh (PSE. SW) to the Commission

According to the Commission there are clear links between alcohol consumption and public health. As Commissioner Kyprianou stated in a speech to Parliament on 5 September, 100 000 people die of alcohol-related injuries or diseases in Europe every year. Alcohol costs EUR 125 billion per year and its social costs to the EU are therefore largely of the same order as those of tobacco. The reference level used in Sweden to determine whether alcohol transported across a border is for private or commercial use is currently 230 litres of alcoholic drinks per import consignment. Swedish policy on alcohol is made up of several components, one of which has been high excise duties and thus a high purchase price. However, the force of this tool has now been significantly weakened since the current EU rules permit the import of large quantities of alcohol from other Member States which do not apply the same policy. Does the Commission consider, in the light of the clear link between alcohol consumption and public health, that Sweden could adjust its reference level downwards on public health grounds without contravening EU legislation? Could Sweden, relying on Article 30 or any other section of the Treaty, set different import limits for alcohol as part of its restrictive alcohol policy?

Response:

The Commission shares the concern of the Honourable Member regarding alcohol misuse and that is why the Commission adopted on 24 October 2006 a Communication on reducing alcohol related harm.

However, the vast majority of Member States do not consider it appropriate to curb alcohol consumption through the level of excise duties, inter alia because moderate, responsible consumption by adults is not considered detrimental to health or raises social concerns generally. Sweden follows a different policy in the matter. This forms part of the discretion left to Member States.

In accordance with the principle governing the internal market, Article 8 of Directive 92/12/EEC lays down that private individuals wishing to purchase alcohol in another Member State may do so provided the goods are transported by and are for the own use of the individual. The indicative level, totalling 230 litres of various categories of alcoholic drinks (among which only 10 litres of spirit drinks), to which the Honourable Member refers is laid down in Article 9 of that Directive. The purpose of guide levels fixed in accordance with this provision is only to provide orientation when it comes to establish whether the products are genuinely for the individual's own use and, therefore, not subject to duty in the Member State of destination, or whether they are for commercial purposes in which case duty will be due. Thus, the figures given in Article 9 shall not be considered as allowances. However, Member States may not fix guide levels lower than those set out in Article 9.

With regard to Article 30 of the Treaty, the Commission notes that Article 8 of Directive 92/12/EEC, read

in connection with Article 9 thereof, exhaustively deals with the matter in question, namely importation of products from a given Member State into another Member State without payment of taxes in the latter. Indeed, these provisions take account of the interest, on the part of Member States, to apply their own taxes on products brought into their territory from other Member States. This interest may be related to tax income reasons or, indeed to other policy reasons linked to alcohol taxation, such as health protection. In this regard, it has to be recalled, first, that the harmonisation system to which these provisions belong does not foresee maximum rates, which implies that Member States may fix their national rates at any point equal or above the minimum rate, including for reasons of health protection. It has to be recalled, secondly, that in this very context, some Member States including Sweden have been granted transitional regimes. These regimes derogate from Articles 8 and 9, having regard to the particular position of these States1, notably in terms of public health policies.2 Those regimes have expired on 31 December 2003 (for Sweden, cf. Article 26(3) of Directive 92/12/EEC).

In sum, the way in which Member States of importation may apply their own tax rules to private imports from other Member States is harmonised at Community level, including with regard to possible health policies of the former. Consequently, Member States are not entitled to invoke Article 30 EC in the matter, in order to unilaterally lay down and apply stricter rules.

1 In the case of Sweden, the Accession Treaty provided for a transitional period ending 31 December 1996. This period was prolonged through Directive 96/99/EC (OJ L 8 of 11.1.1997) and through Directive 2000/44/EC (OJ L 161 of 1.7.2000). both of which amended Article 26 of Directive 92/12/EEC.

2 The fifth recital of Directive 96/99/EC as well as the second recital of Directive 2000/44/EC refer to the fact that Sweden has "traditionally applied high excise duties to the products concerned both as an important source of revenue and for health and social reasons".

ORAL QUESTION for Question Time at the part-session in September II 2007 by Ioannis Gklavakis (EPP-DE, EL) to the Commission: Subject: Amendment of the CMO in wine 

On 4 July 2007 the Commission unveiled a proposal for a Council regulation on the common organisation of the market in wine (COM(2007)0372). Funds for the 'national envelopes' are allocated according to a key which is based to 50% on the historical input of Member States, 25% on area and 25% on production. Moreover, adjustments have been made in favour of certain Member States.

Will the Commission say which criteria were used in the selection of the specific allocation key and why the funds are not allocated on the basis of the historical payments of Member States over a representative reference period, as occurred in the case of all those CMOs which have so far been amended? Furthermore, given that the overall amount of resources is limited, how was it decided to adjust input for the benefit of some Member States, which necessarily results in a corresponding decrease for the others?

Written question to the commission on drink driving limit by Alyn Smith (Verts/ALE, UK) to the Commission: Subject: Drink driving limit

1 October

In its Road Safety Action Plan the Commission pledges to halve the number of fatalities on European roads by 2010. Can the Commission provide details as to whether, in those EU Member States (Germany, Spain and Italy) that have reduced their drink driving limit from 80mg to 50mg as a result of the Road Safety Action Plan, this has lowered fatalities in each of these countries?

WRITTEN QUESTION by Alexandru-Ioan Morţun (ALDE, RO) to the Commission: Subject: Development of a clearer and more constructive EU strategy in support of Member States' measures to reduce the harmful effects of alcohol consumption

Excessive consumption of alcohol is a visible problem in Europe and is the cause of a significant proportion of illnesses and deaths, especially among the young. The need to promote responsible alcohol consumption is currently a priority for all Member States. In this context, there should be large-scale public information campaigns and firm measures to prevent alcohol abuse, especially in the case of drivers and workers, as well as minors and pregnant women, who are considered the most vulnerable groups.

1. To what extent and when will the Commission introduce more specific measures to deal with alcohol abuse and its harmful effects on health?

2. What is the Commission's position on promoting instruments such as AUDIT (Alcohol Use Disorders Identification Test), which, developed by the WHO, permits the rapid identification of persons exposed to such risks, even before they are recognised as having an alcohol problem following a blood test?

Answer given by Mr Kyprianou on behalf of the Commission

On 24 October 2006, the Commission adopted a Communication to the Council, the Parliament, the Economic and Social Committee and the Committee of the Regions on an EU strategy to support Member States in reducing alcohol related harm.

This strategy addresses the adverse health effects related to harmful and hazardous alcohol consumption, to which the Honourable Member refers, as well as the related social and economic consequences.

Concretely, in cooperation with Member States and stakeholders, the Commission will develop strategies aimed at reducing alcohol related harm. Information and education activities, including media campaigns, may well be part of these activities. Furthermore, through its Public Health Programme, the Commission will support projects that will contribute to reducing alcohol-related harm in the EU, and especially the harm suffered by children and young people, as well as gathering and disseminating data.

The European Alcohol and Health Forum, which was foreseen in the Communication and established on 7 June 2007, is a common platform for action. Its members are economic operators and non-governmental organisations (NGOs) that formally commit to devoting time and resources to adopt meaningful actions to prevent alcohol-related harm. Member States, the Parliament and the other EU Institutions, the World Health Organisation and the International Organisation of Vine and Wine participate as observers.

Within the framework of the Forum, the Commission services will also work with stakeholders to create sustained momentum for co-operation on responsible commercial communication and sales. The main aim will be to support EU and national/local government actions to prevent irresponsible marketing of alcoholic beverages, and examine data about trends in advertising. One aim will be to reach agreement with stakeholders on a code of commercial communication implemented at national and EU level.

While the Forum aims at encouraging industry and NGO stakeholders to develop concrete action on the ground, policy coordination and development will be brought forward within the Committee on National Policy and Action, which will be composed of Member State representatives and experts. The Permanent Representatives of the Member States will be invited, in the coming weeks, to nominate the members of this Committee, which will build on the work of the former Working Group on Alcohol and Health. This Committee will, inter alia, serve to shape and monitor Member States' implementation of the EU Alcohol Strategy.

Instruments such as AUDIT (Alcohol Use Disorders Identification Test) are tools that can be used, for example, by general practitioners for brief interventions. The strategy underlines the importance of this kind of intervention, without specifying the use of a particular methodology – this choice should be left to the actors involved. The Forum can be expected to make further contributions to the more widespread use of such interventions, and the further development of good practice in this area can also be addressed within the Committee on National Policy and Action. The Commission would also like to point out that the Primary Health Care European Project on Alcohol (PHEPA project), which was co-funded by the Public Health programme, prepared European guidelines and recommendations on brief treatment interventions, together with a European training programme for health care providers and country strategies in 20 European countries.

The Commission will report regularly on the implementation of measures to tackle harmful and hazardous alcohol consumption, as described in this Communication, as well as on the impact of the EU strategy set out in this Communication; this will be based on regular reporting from the Member States on the implementation of the relevant measures.

ORAL QUESTION for Question Time at the part-session in October 2007 by Avril Doyle to the Commission: Subject: Prenatal alcohol consumption and the Health and Alcohol Forum

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?

WRITTEN QUESTION E-3963/07 by Catherine Stihler (PSE) to the Commission: Subject: Young people and alcohol

7 September

Since the passing of Council Recommendation 2001/458/EC on the drinking of alcohol by young people, what progress has been made towards developing national alcohol strategies in Member States?

The impact of binge drinking appears to have increased rather than diminished. For example, in the UK some pubs and night clubs offer entry for the evening on the basis of ‘pay £10 and drink as much as you like’.

Does the Commission have any plans to address the issue?

E-3963/07EN

Answer given by Mr Kyprianou on behalf of the Commission

In its Recommendation of 5 June 2001 on the drinking of alcohol by young people, in particular children and adolescents , the Council invited the Commission to report back on its implementation. Accordingly, the Commission has monitored Member States' efforts to follow up the Council Recommendation.

A majority of Member States reported that the Recommendation had encouraged them to step up their actions to protect young people, notably with changes in regulations or better enforcement to reduce under age drinking and cut back alcohol advertising targeting young people.

As a consequence, the increasing trend in binge drinking among under aged drinkers has levelled off in recent years. However, several national surveys indicate that binge drinking in the 18–29 age group, the age group with the highest proportion of binge drinkers, is still increasing.

In order to support Member States in reducing alcohol-related harm, the Commission, on 24 October 2006, adopted a Communication on an EU alcohol strategy.

This strategy, among other things, addresses young people's harmful and hazardous alcohol consumption, to which the Honourable Member refers, as well as the related social and economic consequences.

Concretely, in cooperation with Member States and stakeholders, the Commission will develop strategies to combat under age drinking and young people's binge drinking. Within a Committee on National Alcohol Policy and Action, which will be composed of Member State representatives and experts, the Commission will coordinate government driven policies, disseminate evidence-based best practice and monitor Member States' implementation of the good practises presented in the Commission's Alcohol Strategy. Examples of good national measures are actions to better enforce age limits for selling and serving of alcohol, a minimum 18 year age limit, educational programmes targeting both risk and protective factors, introduction and enforcement of rules against serving alcohol to intoxicated persons and a zero Blood Alcohol Concentration limit for young drivers.

Furthermore, through its Public Health Programme, the Commission will support projects that will contribute to reduce alcohol-related harm in the EU, and especially the harm suffered by children and young people, as well as gathering and disseminating data.

The major stakeholders will also be encouraged to contribute to the reduction of alcohol harm. The European Alcohol and Health Forum, which was foreseen in the Communication and established on 7 June 2007, is a common platform for stakeholder action. Its members are economic operators and non-governmental organisations (NGOs) that formally commit to devoting time and resources to adopt meaningful actions to prevent alcohol-related harm. Member States, Parliament and the other EU Institutions, the World Health Organisation and the International Organisation of Vine and Wine participate as observers.