Committee on Technical Barriers to Trade - Notification - Ireland - Alcohol products

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: Ireland

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible:

Tobacco & Alcohol Control Unit

Department of Health

Hawkins House

Hawkins Street

Dublin 2, Ireland.

Telephone: 00 353 1 635 4000

Fax: 00 353 1 635 4552

Email: alcohol@health.gov.ie

Website: http://www.health.gov.ie

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:

4.

Products covered (HS: or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): The Bill relates to the sale, labelling, advertising, marketing, and display of alcohol products (HS: 2203, HS: 2204, HS: 2205, HS: 2206, HS: 2208). Beer made from malt (HS: 2203), Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 (HS: 2204), Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances (HS: 2205), Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non- Alcoholic beverages, not elsewhere specified or included (HS: 2206), Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages (HS: 2208)

5.

Title, number of pages and language(s) of the notified document: Public Health (Alcohol) Bill 2015 (34 pages, in English)

6.

Description of content: This Bill relates to alcohol products. It includes provisions for:

·                minimum unit pricing of alcohol products

·                health labelling of alcohol products

·                the regulation of advertising of alcohol products

·                the regulation of sponsorship by alcohol companies

·                structural separation of alcohol products in mixed trading outlets

·                the regulation of the sale and supply of alcohol in certain circumstances.

The Public Health (Alcohol) bill makes it illegal to sell or advertise for sale, at retail level, alcohol products at a price below a set minimum price of 10 cent per gram of alcohol. The Minister can increase the MUP three years after commencement and every 18 months: thereafter, following a review.

Labels on alcohol products, websites where alcohol is sold online, documents with kegs or casks must contain health and pregnancy warnings, quantity of grams, energy value and details of an alcohol public health website to be provided by the Health Service Executive (National Health Service).

The PHAB provides for the regulation of the content of advertisements, and restrictions in cinema advertising, outdoor advertising, print media, sponsorship by alcohol companies and a prohibition on the sale of alcohol branded children's clothing.

The PHAB provides for restrictions on the display and advertisement of alcohol products in mixed trade retail outlets. Mixed trade retailers can only display and advertise alcohol products in:

·                A separate area of the shop and/or behind the counter in a closed storage unit

or

·                Closed storage units and/or behind the counter in a closed storage unit

The PHAB provides for the regulation and restriction of certain sales promotions techniques for alcohol products e.g. selling an alcohol product at a reduced price or free of charge on the purchase of another alcohol product, selling alcohol products at a reduced price for a period of time equal to or less than 3 days.

7.

Objective and rationale, including the nature of urgent problems where applicable: Ireland's public health policy in relation to alcohol is to reduce consumption to 9.1 litres of pure alcohol per capita and the harms caused by alcohol. In 2015 alcohol consumption per adult was 10.9 litres (based on a CSO population figure for over 15s of 3,606,200).

Ireland's alcohol consumption is in the top 5 among EU 28 Member States. Although alcohol consumption per capita declined between 2007 and 2015, it remains high and the damaging dominance of a harmful drinking pattern remains very high by European standards and is a major public health concern. Ireland was second in the WHO European Region in relation to binge drinking with 39% of the population misusing alcohol in this manner at least monthly. These figures are reaffirmed in the Healthy Ireland survey which indicates that drinking to excess on a regular basis is commonplace throughout the population with almost 4 in 10 (39%) of drinkers binge drinking on a typical drinking occasion and a quarter of them doing so at least once a week.

This pattern of drinking is causing significant harm to individuals, their families and society. It is estimated that alcohol :

·                was responsible for at least 83 deaths: every month in 2011

·                was associated with 8,836 attendances in 2012 to specialised addiction treatment centres

·                is involved in one of every three poisoning deaths: in Ireland in 2012 and remains the substance implicated in most poisonings (i.e. toxic effect of drugs in the body)

·                was a contributory factor in half of all suicides and in deliberate self-harm

·                is associated with a risk of developing health problems such as alcohol dependence, liver cirrhosis, cancer and injuries

·                is a factor in many assaults, including sexual assaults, and in rape, domestic violence and manslaughter;

·                contributes to high levels of non-attendance at work and lower productivity

·                is associated with college drop-out

·                is a factor in 30% of all road collisions and in 36.5% of fatal road collisions

The HSE report "Alcohol Harm to Others" examines the damage that alcohol causes in the general population, the workplace and children in families. The report says that over one in four people in Ireland reported experiencing negative consequences as a result of someone else's drinking; one in ten Irish workers experienced negative consequences due to co-workers who were heavy drinkers and one in ten Irish parents reported that children experienced harm in the past 12 months: as a result of someone else's drinking.

The estimated cost to Irish society of problem alcohol use is € 2.35 billion, with direct costs of € 1.74 billion (€ 793 million to the health care system, € 686m on alcohol related crime, and € 258m in alcohol related traffic accidents) and indirect costs of € 641 million (€ 195 million due to absenteeism, € 185 million due to accidents at work, € 169 million due to suicides and € 65 million due to premature mortality).

The Steering Group Report on a National Substance Misuse Strategy (NSMS) was published in 2012. The Report contains a range of recommendations to reduce the consumption of alcohol in general. These recommendations are grouped under the five pillars of Supply Reduction (availability), Prevention, Treatment, Rehabilitation and Research. The Government approved the publication of the Public Health (Alcohol) Bill on the 08th December 2015. This is part of a suite of measures agreed by the Government in 2013 on foot of the recommendations in the NSMS.

The Bill is one of a number of measures being taken under the Healthy Ireland Framework. This is the Government Framework which sets out a vision to improve the health and wellbeing of all the population of Ireland by 2025. Healthy Ireland puts forward "whole of society" approach and new arrangements to ensure more effective co-operation to achieve better outcomes for all.

The Public Health (Alcohol) Bill provides for:

·                minimum unit pricing

·                health labelling on alcohol products

·                structural separation

·                restrictions on the advertising and marketing

·                regulation of sponsorship

·                regulations relating to the sale, supply and consumption of alcohol products.

Minimum Unit Pricing is a targeted measure designed to prevent the sale of alcohol at very cheap prices. MUP is aimed at those who drink in a harmful and hazardous manner. Strong and cheap alcohol products are favoured by young people, who have the least disposable income and the heaviest drinkers, who are most at risk of alcohol-related illness and death.

Labelling of alcohol products aims to ensure that consumers are provided with access to health information on alcohol products. A recent review of evidence for labelling on alcoholic products found that:

·                health warnings are an effective way to inform all consumers of the risks associated with alcohol

·                could potentially reduce dangerous drinking behaviour and that

·                consumers overwhelmingly support health warnings on alcohol products.(Martin-Moreno et al, 2013)

Structural separation restricts the display and advertisement of alcohol products in mixed retail outlets. This is an important mechanism in de-normalising alcohol and protecting children from overexposure.

There is a compelling body of research evidence which shows that exposure to alcohol marketing, whether it is on TV, in movies, in public places or alcohol branded sponsorship, predicts future youth drinking. Numerous longitudinal studies have found that young people who are exposed to alcohol marketing are more likely to start drinking, or if already drinking, to drink more. Research also shows that self-regulation is not able to protect young people from exposure to large volumes of alcohol marketing and appealing alcohol advertising.

The PHAB places restrictions on broadcast advertising, cinema advertising, outdoor advertising, print media, the content of alcohol advertisements and the regulation of sponsorship by alcohol companies. These restrictions will protect children from overexposure to alcohol marketing.

The Public Health (Alcohol) Bill provides for the making of regulations to restrict the sale, supply and consumption of alcohol products in certain circumstances. This will allow for the regulation and prohibition of particular price promotions – particularly those that encourage individuals to buy more alcohol than they intended or to drink in a harmful manner.

8.

Relevant documents: Please find links below to:

1.         Healthy Ireland: A Framework for Improved Health and Wellbeing 2013 – 2025: http://health.gov.ie/wp-content/uploads/2014/03/HealthyIrelandBrochureWA2.pdf

2.         Steering Group Report on a National Substance Misuse Strategy 2012http://health.gov.ie/wp-content/uploads/2014/03/Steering_Group_Report_NSMS.pdf

3.         Sheffield Report: http://health.gov.ie/wp-content/uploads/2015/03/xMUP-FINAL-Report-2014.pdf

4.         Public Health (Alcohol) Bill 2015: http://health.gov.ie/wp-content/uploads/2015/12/PHAB-2015-as-published.pdf

5.         Bill Explanatory Memorandum: http://www.oireachtas.ie/documents/bills28/bills/2015/12015/b12015d-memo.pdf

6.         Regulatory Impact Analysis for the Bill: http://health.gov.ie/wp-content/uploads/2015/12/Appendix-IV-Regulatory-Impact-Analysis-RIA-Alcohol.pdf

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 90 days from notification

11.

Texts available from: National enquiry point [X] or address, telephone and fax numbers and email and website addresses, if available, of other body: