Notification Detail

Public Health (Alcohol) Act 2018 (Sale and Supply of Alcohol Products) Regulations 2019

Notification Number: 2019/423/IRL (Ireland)
Date received: 02/09/2019
End of Standstill: 03/12/2019

Issue of comments by: Commission
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Message 001

Communication from the Commission - TRIS/(2019) 02366
Directive (EU) 2015/1535
Notificación - Oznámení - Notifikation - Notifizierung - Teavitamine - Γνωστοποίηση - Notification - Notification - Notifica - Pieteikums - Pranešimas - Bejelentés - Notifika - Kennisgeving - Zawiadomienie - Notificação - Hlásenie-Obvestilo - Ilmoitus - Anmälan - Нотификация : 2019/0423/IRL - Notificare.

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201902366.EN)

1. Structured Information Line
MSG 001 IND 2019 0423 IRL EN 02-09-2019 IRL NOTIF


2. Member State
IRL


3. Department Responsible
National Standards Authority of Ireland
1 Swift Square
Northwood
Santry
Dublin 9
D09 A0E4
Ireland
Tel: 00 353 (0)1 807 3854
Email: EUDirective2015.1535@nsai.ie


3. Originating Department
Department of Health
Block1, Miesian Plaza,
50 – 58 Baggot Street Lower,
Dublin,
D02 XW14
Ireland


4. Notification Number
2019/0423/IRL - C50A


5. Title
Public Health (Alcohol) Act 2018 (Sale and Supply of Alcohol Products) Regulations 2019


6. Products Concerned
These regulations relate to the sale and supply of alcohol products.


7. Notification Under Another Act
-


8. Main Content
The purpose of these draft regulations is to regulate promotions that incentivise alcohol consumption. They address the promotion and selling arrangements of alcohol products in so far as they relate to the sale or supply of such products at a reduced price or free of charge to someone, on the purchase of another alcohol product or with another product or service.

The sale or supply of alcohol products at a reduced price is defined in these regulations to include; the awarding of bonus or loyalty card points etc arising from a purchase of an alcohol product, permitting the use of such points or benefits to obtain alcohol or another product or service at a reduced price or free and also, permitting the use of such points or benefits arising from the purchase of any product or service to obtain alcohol products either at a reduced price or free.

In addition, these regulations prohibit a person from selling an alcohol product at a reduced price for a period of less than 3 days.


9. Brief Statement of Grounds
Section 23 was drafted in recognition of the fact that alcohol is not an ordinary grocery product. By restricting access to alcohol products through promotions or loyalty card programmes the regulations allign with the objectives of the Public Health (Alcohol) Act 2018, which are to:

• reduce alcohol consumption to 9.1 litres of pure alcohol per person per annum by 2020,
• delay the initiation of alcohol consumption by children and young people,
• reduce the harms caused by the misuse of alcohol, and
• regulate the supply and price of alcohol in order to minimise the possibility and incidence of alcohol related harm;

These objectives were developed in recognition that alcohol causes harms to health, significant costs to the Exchequer and that alcohol consumption in Ireland remains high.

The principles guiding the objectives are that the harms of alcohol make it unlike other grocery products and that it is time that Ireland's relationship with alcohol was addressed. Alcohol is a drug and one which has real risks and harms associated with it and as such, should not be a subject of promotional activity.


10. Reference Documents - Basic Texts
References of the Basic Texts: (i)Public Health (Alcohol) Act 2018 (Sale and Supply of Alcohol Products) Regulations 2019

(ii) Public Health (Alcohol) Act 2018
http://www.irishstatutebook.ie/eli/2018/act/24/enacted/en/html?q=alcohol&search_type=all

(iii) The World Health Organisation European Action Plan to Reduce the Harmful Use of Alcohol (2012-2020)
http://www.euro.who.int/__data/assets/pdf_file/0008/178163/E96726.pdf
Basic Texts have been forwarded within the framework of a previous notification: 2016/0042/IRL


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
-


16. TBT and SPS aspects
TBT aspect

No - The draft has no significant impact on international trade

SPS aspect

No - The draft is not a sanitary or phytosanitary measure



**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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en
  CEEV on 20-11-2019
Click to expand

 To whom it may concern,

CEEV, Comité Européen des Entreprises Vins, represents the EU wine companies in the industry and trade (still wines, aromatised wines, sparkling wines, liqueur wines and other vine products). It brings together 23 national organisations from 12 EU Member States, plus Switzerland and Ukraine, as well as a consortium of 4 leading European wine companies.

While CEEV is supportive of national initiatives which aim at addressing harmful use of alcohol, it believes the notified Regulations to be disproportionate and contrary to EU legislation, failing to address misuse of alcohol and creating uncertainty on the Irish market.

As a matter of fact the draft regulations will cause disturbance of the competition of the Irish market and introduce complexity and uncertainty in the management of award system promoted by retailers or other actors even if the wine (taking in account also the reduction) is sold at a price above the MUP.