Download EC strategy on alcohol marketing by Jonathan Back (DG

Advertising in the
EU Alcohol Strategy
Dr Jonathan Back
Unit 02 – Strategy and Analysis
Directorate General for Health
and Consumers
European Commission
EUCAM
Alcohol Monitoring
Conference
Brussels 21 November 2008
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
Alcohol advertising in
EU-documents preceding
the EU Alcohol Strategy
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”
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
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)
Better Regulation and
Round Table on Advertising
Self-Regulation
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 “coregulation” 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
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.”
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”
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
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.
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
Advertising Round Table
Director-General of SANCO: there
is evidence for the general
usefulness of at least two core preconditions for credible SR:
 A sustained openness to dialogue with,
and participation of, interested nonbusiness players in the SR process
 Adequate monitoring and accountability
of SR performance and outcomes
Advertising in the
EU Alcohol Strategy
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
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.
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
Implementing the
Alcohol Strategy
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.
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
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
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)
European Alcohol and
Health Forum: structure
European Alcohol and Health Forum
Science
Group
Plenary
Session
Task Force on
Marketing
Communication
Open
Forum
Task Force on
youth-specific aspects
of alcohol
The Task Force On Marketing
Communication
Tasks:
European Alcohol
and Health Forum
Science
Group
• Examine best practice for promoting
responsibility in marketing, and preventing
irresponsible marketing;
• Build upon DG SANCO’s report on the
Advertising Round Table; Open
Plenary
• Examine trends in product
development, product
Forum
Session
placement, sales promotions and other forms of
marketing, and trends in alcohol advertising and
sponsorship
• Make any appropriate recommendations to the
Task Force on
Task Force on
Forum
Marketing
Communication
youth-specific aspects
of alcohol
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
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
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
Concluding remarks
Concluding remarks
Development of further harmonised EUlegislation 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
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)