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

3. Department Responsible
National Standards Authority of Ireland
1 Swift Square
Dublin 9
D09 A0E4
Tel: 00 353 (0)1 807 3854

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

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

(iii) The World Health Organisation European Action Plan to Reduce the Harmful Use of Alcohol (2012-2020)
Basic Texts have been forwarded within the framework of a previous notification: 2016/0042/IRL

11. Invocation of the Emergency Procedure

12. Grounds for the Emergency

13. Confidentiality

14. Fiscal measures

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

Stakeholders Contributions

The TRIS website makes it easy for you or your organization to share your views on any given notification.

You may submit your position in any of the official languages of the EU. We encourage you to submit your opinion at least one month before the end of the standstill period to make sure that your views are duly considered taking into account the time needed for analysis and internal processing. In any event, your contributions will be accepted until 23:59:59 CET of the date of end of the standstill period. Your contribution will be made public in TRIS (translations into other languages will not be publicly available) unless you signal that you wish to keep them confidential.

Your views are important for the assessment of the notification by the Commission and the Member States. However, it is important to underline that any Commission decision is taken independently, in the light of the information in its possession and in line with its internal decision-making rules.

Please note you will not receive any further feedback concerning the merits of your contribution.

At the end of the standstill period, you will find at this webpage an indication of any formal reaction issued by the Commission and/or the Member States.

  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.