Advertising in the EU Alcohol Strategy

1. Advertising in the EU Alcohol Strategy EUCAM Alcohol Monitoring ConferenceBrussels 21 November 2008 Dr Jonathan BackUnit 02 – Strategy and AnalysisDirectorate General for Health and ConsumersEuropean Commission

2. Structure of this presentation • Alcohol advertising in EU-documents preceding the EU Alcohol Strategy • Better Regulation and Round Table on Advertising Self-Regulation • Advertising in the EU Alcohol Strategy • Implementing the Alcohol Strategy • Concluding remarks

3. Alcohol advertising inEU-documents precedingthe EU Alcohol Strategy

4. Directive 89/552/EEC - ‘Television without frontiers’ • television advertising for alcoholic beverages has to comply with various criteria regarding content, e.g. “not be aimed specifically at minors” (Art. 15) • Member States shall ensure compliance with the provisions of this Directive “by appropriate means, within the framework of their legislation” (Art. 3.2) • Directive 2007/65/EC (Audiovisual Media Services Directive) is similar: • “Audiovisual commercial communications media services or programmes shall not encourage behaviour prejudicial to health or safety” • “Audiovisual commercial communications for alcoholic beverages shall not be aimed specifically at minors and shall not encourage immoderate consumption of such beverages”

5. Council Recommendation 2001/458/EC (‘Alcohol and Youth’) • “Member States should, having regard to their different legal, regulatory, or self-regulatory environments, as appropriate: encourage, in cooperation with the producers and the retailers of alcoholic beverages and relevant NGOs, the establishment of effective mechanisms in the fields of promotion, marketing and retailing; • to ensure that alcoholic beverages are not designed or promoted to appeal to children and adolescents; • to ensure that alcoholic beverages are not designed or promoted to appeal to children and adolescents, and paying particular attention inter alia, to the following elements:” • These elements relate to content and placement

6. These documents demonstrate • A notion at EU-level that especially young persons should be protected from exposure to alcohol advertising • Provisions in relevant EU-legislation relate to content and placement of alcohol advertising (not: volume) and leave room for interpretation • Member States are free to choose “appropriate means” when implementing provisions on alcohol advertising • More straight advertising restrictions, including bans, would be possible legally (cf. tobacco and medicinal products and medical treatment available only on prescription)

7. Better Regulation andRound Table on AdvertisingSelf-Regulation

8. Better Regulation • Interinstitutional agreement on better law-making (2003/C 321/01) • Comprehensive programme; some key aspects: • More focus on subsidiarity and proportionality • Use of alternative methods of regulation, such as “co-regulation” and “self-regulation” • Improvement of the pre-legislative consultation process and more frequent use of impact assessments • Reducing the administrative burdens (‘red tape’) • Simplifying and reducing the volume of legislation

9. Side-step on proportionality • 2004: two judgements of ECJ (C-249/02 and C-262/02) as a result of the application of the Loi Evin (ban on alcohol advertising on television) • Rules, such as the Loi Evin, “are appropriate to ensure their aim of protecting public health. Furthermore, they do not go beyond what is necessary to achieve such an objective.”

10. Advertising Round Table • DG SANCO initiative • Three one-day sessions between October 2005 and May 2006 • Participants (20) • EASA, SROs, relevant EU industry associations, BEUC, EPHA, other DGs • July 2006: “Self-Regulation in the EU Advertising Sector: A report of some discussion among interested parties”

11. Advertising Round Table Goal • Informing: to learn both about and from each other in a structured and sustained dialogue exchange • Analysing: the clearer definition of a Best practice model for self-regulation

12. Advertising Round Table Main conclusions • Self-regulation is not an alternative to law. On the contrary, it works best within a clear legal framework that allows non-legislative approaches but also backs them up. • The legitimacy of SR does not, and could not preclude legal bans. SROs may fail or refuse to deliver something that public opinion and politicians require. • Self-regulation needs to be trusted in order to be effective, and in order to be trusted it has to be participative.

13. Key determinants of Best Practice Model • Effectiveness: establishing and publishing performance objectives, good procedures for submitting and handling of complaints, setting standards for training advertising staff, effective sanctions for non-compliance • Independence: openness and transparency, effective contribution of other stakeholders, adjudication bodies should be composed of a substantial proportion of independent persons • Coverage: not only ‘pure advertising’ but all other form of marketing communication, monitoring new trends (“e.g. buzz marketing”) that may escape SR • Funding: strong political support for industry voluntary funding is desirable

14. Advertising Round Table • Director-General of SANCO: there is evidence for the general usefulness of at least two core pre-conditions for credible SR: • A sustained openness to dialogue with, and participation of, interested non-business players in the SR process • Adequate monitoring and accountability of SR performance and outcomes

15. Advertising in theEU Alcohol Strategy

16. An EU Strategy to support Member States in reducing alcohol related harm • Communication from the Commission to the Council, the European Parliament etc. (COM(2006) 625 final) • The Commission does not intend as a consequence of this Communication to propose the development of harmonised legislation in the field of the prevention of alcohol-related harm

17. Commercial Communication • Commission services to work with stakeholders to create sustained momentum for cooperation on responsible commercial communication and sales… • Main aim will be to support EU and national/local Government action to prevent irresponsible marketing of alcoholic beverages… • Reach an agreement with representatives from a range of sectors on a code of commercial communication implemented at national and EU level.

18. Public expectations regarding advertising of alcohol Question: To what extent do you agree or disagree with the following? Alcohol advertising targeting young people should be banned in all EU Member States Source: Eurobarometer, Attitudes towards alcohol, March 2007

19. Implementing theAlcohol Strategy

20. Implementing the Commission Alcohol Communication 2006 Committee on National Alcohol Policy and Action European Alcohol and Health Forum Committee on Data Collection, Indicators and Definitions Working across EU policies: Transport, Education, Youth, Agriculture etc.

22. Alcohol and Health Forum • overall objective: • provide common platform for all interested stakeholders at EU level willing to step up actions (“commitments”) aimed at reducing alcohol harm • main areas to be addressed: • under age drinking • information on effect of harmful drinking • responsible drinking/promote behavioural changes • consumer information • commercial communication

23. Commitments on marketing • About 25% of all commitments are about better cooperation/actions on responsible commercial communication and sales • All but two are from economic operators

24. Examples of commitments in the area of responsible marketing • Providing training for advertising industry on the SR codes (Advertising Information Group, European Association of Communications Agencies) • Developing internal tools for staff to ensure responsible marketing (Bacardi-Martini B.V., Heineken) • Developing an on-line training toolbox to teach the EFRD Common Standards to marketing staff, industry associations and SR bodies (European Forum for Responsible Drinking - EFRD) • Study the role of SR practices and commercial influences within the new media landscape (European Publishers Council) • Monitor ads in media (press, magazines, billboards etc.) for compliance with national legislation and take legal action where required (Association Nationale de Prevention en Alcoologie et Addictologie) • Set up a European Centre for Monitoring Alcohol Marketing to collect, exchange and promote knowledge and experience about alcohol marketing (National Foundation for Alcohol Prevention – STAP, IOGT-NTO and Eurocare Italia)

25. European Alcohol andHealth Forum: structure European Alcohol and Health Forum Science Group Plenary Session Open Forum Task Force on Marketing Communication Task Force onyouth-specific aspects of alcohol

26. The Task Force On Marketing Communication • Tasks: • Examine best practice for promoting responsibility in marketing, and preventing irresponsible marketing; • Build upon DG SANCO’s report on the Advertising Round Table; • Examine trends in product development, product placement, sales promotions and other forms of marketing, and trends in alcohol advertising and sponsorship • Make any appropriate recommendations to the Forum European Alcohol and Health Forum Science Group Plenary Session Open Forum Task Force on Marketing Communication Task Force onyouth-specific aspects of alcohol

27. Main results of the TF Marketing • Meetings on 11 December 2007, 4/5 March (workshop), 16 July 2008, 12 November • Summary reports and presentations on website of DG SANCO

28. Main results of the TF Marketing • How to avoid exposure of youth to alcohol advertising: 70%-30% in most voluntary marketing codes should be 80%-20%? • Involving youth: what is attractive to young persons? • Controversy between members of TF and Forum on the impact of marketing communication on the volume and patterns of consumption, especially by young persons > Task Request to Science Group • Mapping exercise of SR: “value chain”, new media, mechanisms of monitoring and enforcement • Next meeting of TF dedicated to Social Marketing

29. Grants for relevant projects: the Commission’s Health Programme • ELSA (2005-2007) • FASE (2008-2010) • AMMIE (2009-2011) final Commission decision pending • These projects are all about monitoring trends in marketing and compliance with voluntary marketing codes. Coordinator of these projects is STAP – National Foundation for Alcohol Prevention • These projects are consistent with the Commission’s efforts regarding alcohol marketing

30. Concluding remarks

31. Concluding remarks • Development of further harmonised EU-legislation regarding alcohol advertising is not to be expected (in the short term) • As a consequence of the EU Alcohol Strategy the Commission makes an effort to make self-regulation more effective and more credible • This is work in progress, and results can not be expected in the short term

32. Concluding remarks • In the end it will be a political decision to assess whether the results meet criteria and expectations • Member States are free to introduce legal restrictions on alcohol advertising. The Commission will not step in Member States’ ways, as long as such legislation complies with the EC-Treaty (e.g. (proportionality and non-discrimination)