Message 002
Communication from the Commission - TRIS/(2017) 00211
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2017/0029/EE
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: 201700211.EN)
1. MSG 002 IND 2017 0029 EE EN 30-01-2017 EE NOTIF
2. EE
3A. Majandus- ja Kommunikatsiooniministeerium, siseturuosakond, siseturu toimimise talitus.
Harju 11, 15072 Tallinn.
el.teavitamine@mkm.ee
tel: 00 372 6256 405 – faks: 00 372 6313 029
3B. Sotsiaalministeerium, rahvatervise osakond.
Gonsiori 29, 15027 Tallinn
triinu.taht@sm.ee
tel: 00 372 6269142; faks: 00 372 6992209
4. 2017/0029/EE - X00M
5. Draft Act amending the Alcohol Act and the Advertising Act
6. Alcoholic beverages, the advertising and sales promotion of alcoholic beverages
7. -
8. The draft act amends the provisions of the Alcohol Act regulating the sale of alcohol, the presentation of alcoholic products and the verification of the buyer’s age upon selling alcohol. The Alcohol Act shall be amended by adding provisions to enhance state supervision and verify compliance with the legal requirements by means of a test transaction. This should ensure better compliance with the ban on selling alcohol to minors and reinforce the fight against illegal alcohol sales. The draft act amends the provisions of the Advertising Act limiting the content of alcohol advertising, supplements the list of places where alcohol advertising is prohibited, specifies and modifies the provisions limiting the sales promotion of alcoholic beverages by means of favourable pricing, lays down health warning requirements, and limits alcohol advertising on social media.
Furthermore, the draft act provides an exhaustive list of elements permitted in alcohol advertising, and specifies that the information in alcohol advertising must not contain any descriptions of a positive atmosphere. It also includes a list of elements that alcohol advertising should not contain. Unlike the existing Advertising Act, the requirements regarding the health warning shall be specified.
The draft act establishes a list of places where it is prohibited to advertise alcohol. In addition to the existing restrictions, the current version shall be amended as follows: advertising alcohol in recreational areas mainly for children and young people shall be prohibited; the time restriction for broadcasting alcohol advertising on TV and radio shall be increased; advertising alcohol on the front and back pages of newspapers and magazines and supplements thereof shall be prohibited; advertising alcohol outdoors shall be fully prohibited, and advertising alcohol on social media networks and online communities shall be prohibited, except on the websites of distilleries.
The Advertising Act also bans the option to obtain alcohol for free or at a discounted price during a sales promotion. This includes a ban on offering the same alcoholic beverage for sale and selling it at a different unit price at the same point of sale where the product is available both as a single unit and as part of a multipack packaged by the producer.
According to the draft act, prohibited advertising includes any consumer game, lottery or competition which – in its guidelines, descriptions or advertisements – is connected to, or associated in any other way with an alcoholic beverage brand.
Similarly, it is prohibited for commercial companies to share such information, in text or visual form, on social media networks or online communities, if this has been created by consumers or is intended to be shared by consumers.
9. The draft Act amending the Alcohol Act and the Advertising Act aims to protect public health, reduce the negative social, economic and health effects resulting from alcohol consumption, and ensure that children and young people can grow up in a safe environment.
Estonia is in line with the European average in terms of alcohol consumption; however, alcohol-related harm is considerably higher than average. The consumption of alcohol by minors and young people plays a significant role in the occurrence of alcohol-related harm, since consuming alcohol as a minor greatly increases the risk of developing alcohol addiction. Alcohol is also directly related to the three most common reasons for youth mortality: traffic accidents, unintentional harm and murders. Nearly 85 % of 15-year-old Estonians have consumed alcohol, and almost half of them have been drunk.
This draft act reduces the impact of factors that induce alcohol consumption, particularly among more vulnerable groups (minors, young people, families with children, persons addicted to alcohol and those with alcohol use disorder). Alcohol consumption among these groups is associated with higher than average negative effects. This is designed to reduce minors’ exposure to alcohol in their surroundings and via alcohol advertising, and prevent the availability of alcohol to minors in order to reduce underage alcohol consumption and the resulting negative effects on society in the short and long term.
International research has proven that advertising influences young people's values and attitudes towards alcohol. It has also been demonstrated that advertising may have an impact on consuming alcohol for the first time and the age at which a person becomes intoxicated for the first time. This, in turn, is related to the likelihood of developing alcoholism later in life. Various studies (indicated in the draft explanatory memorandum) both in Estonia and at international level have shown that young people are very aware of advertisements; these influence their expectations of alcohol consumption, as well as alcohol consumption later in life. It has also been indicated that young people are most influenced by emotive strategies in advertising, such as the use of music, humour, positive atmospheres, and storytelling.
Therefore, to protect minors against the adverse effects of alcohol advertising, it is necessary to restrict alcohol advertising to young people and reduce the attractiveness of such advertising, thus reducing the potential impact this may have on young people’s values.
10. Reference(s) to basic text(s): Alcohol Act
Advertising Act
Green Paper on Alcohol Policy
11. No
12. -
13. No
14. No
15. Yes
16. TBT aspect
No - the draft has no significant impact on international trade.
SPS aspect
No - the draft is neither a sanitary nor a phytosanitary measure.
**********
European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir83-189-central@ec.europa.eu
