The draft Royal Decree on advertising of alcoholic beverages is incompatible with EU law
On 30 March 2026, Belgium notified a draft Royal Decree on advertising of alcoholic beverages to the European Commission under the TRIS procedure (2026/0161/BE). The World Federation of Advertisers urges the European Commission to submit a detailed opinion on the following grounds.
1. Violation of Free Movement of Goods and Services
The mandatory warning requirement - "Alcohol is harmful to health" - in a prescribed format, language and presentation forces companies to redesign pan-European campaigns for the Belgian market alone, restricting free movement under Articles 34 and 56 TFEU. The measure is neither appropriate nor proportionate: the wording exceeds Belgium's own self-regulatory standards and relevant EU policy framework, no cross-border impact assessment has been provided, and Belgium has not demonstrated why less restrictive alternatives would be insufficient.
2. Violation of the E-Commerce Directive
The draft imposes a general and abstract obligation on all operators advertising online in Belgium regardless of where they are established, in direct breach of the country-of-origin principle. The Court of Justice has confirmed that measures of this kind cannot benefit from the Article 3(4) derogation.
3. Violation of the Audiovisual Media Services Directive
The draft imposes content and format requirements on audiovisual advertising distributed in Belgium, including by media service providers established and regulated in other Member States, undermining the country-of-origin principle in Article 2 AVMSD and Belgium's obligation to ensure freedom of reception.
A detailed position is set out in the attached submission.
