Council Recommendation of 5 June 2001 on the drinking of alcohol by young people, in particular children and adolescents
Date: 2001-06-05
Institutions: Council of the European Union
Subjects: alcohol, alcoholism, exchange of information, health policy, public awareness campaign, young person

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL RECOMMENDATION

of 5 June 2001

on the drinking of alcohol by young people, in particular children and adolescents

(2001/458/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 152(4), second subpara-
graph thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

the
In accordance with point
Treaty, the activities of the Community shall include a
contribution to the attainment of a high level of health
protection.

(p) of Article 3(1) of

In accordance with Article 152 of the Treaty, a high
level of human health protection shall be ensured in the
definition and implementation of all Community poli-
cies and activities.

education and

Health
expressly
mentioned in Article 152 of the Treaty, and constitute a
priority for Community action in public health.

information are

The Resolution on alcohol abuse, adopted by the
Council and the representatives of the Governments of
the Member States, meeting within the Council on 29
May 1986 (2), states that the increase in alcohol abuse is
causing serious concern for public health and social
welfare, that the production, sale and distribution of
alcoholic beverages
in the
economy of most Member States,
that, at European
level, a joint initiative is advisable in the field of preven-
tion of alcohol abuse, and that
the Commission in
weighing carefully the interests involved, shall conduct a

is an important

factor

(1) Opinion given on 16 May 2001.
(2) OJ C 184, 23.7.1986, p. 3.

(5)

(6)

(7)

balanced policy to this end, and, where necessary,
submit proposals to the Council.

In the Communication from the Commission on the
health strategy of the European Community and the
proposal for a Decision of the European Parliament and
the Council adopting a programme for action in the
field of public health (2001 to 2006), alcohol is one of
the areas mentioned in which particular measures and
actions could be undertaken (3).

The present recommendation represents a first step
towards the development of a more comprehensive
approach across the Community (as embodied in the
Council's conclusions of 5 June 2001 on a Community
strategy to reduce alcohol-related harm).

One of the objectives of the programme of community
Action on health promotion, information, education and
training (European Parliament and Council Decision No
645/96/EC (4) is the promotion of examination, assess-
ment and exchange of experience and support
for
actions concerning measures to prevent alcohol abuse
and the health and social consequences thereof. This
Programme thus offers a basis for the follow-up and
monitoring of the proposed measures.

(8) Within the programme of Community action on health
monitoring (European Parliament and Council Decision
No 1400/97/EC) (5) one of the areas in which health
indicators may be established is alcohol consumption.
This may be particularly helpful to support the imple-
mentation of the proposed measures.

(9)

Under the programme of Community action on injury
prevention (European Parliament and Council Decision
No 372/1999/EC) (6) account will be taken of injury
associated with alcohol abuse as part of the actions
undertaken, which could be useful to support the collec-
the
tion of data needed for the implementation of
proposed measures.

(3) OJ C 337 E, 28.11.2000, p. 122.
(4) OJ L 95, 16.4.1996, p. 1.
(5) OJ L 193, 22.7.1997, p. 1.
(6) OJ L 46, 20.2.1999, p. 1.

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(10)

In the communication from the Commission ‘entitled
Priorities in EU road safety’ (1) drinking and driving is
identified as one of the top priorities where concerted
action could reduce the significant death toll on EU
roads. The Council in its conclusions of 5 April 2001
recommendation
the Commission's
took note of
concerning maximum permitted blood alcohol content
for drivers of motorised vehicles, which specifically iden-
tifies the problem of young drivers and riders, and
encouraged Member States to consider carefully all the
proposed measures.

(11) Directive 2000/13/EC (2) of the European Parliament and
of the Council on the approximation of the laws of the
Member States relating to the labelling, presentation and
advertising of foodstuffs provides for the further deter-
mination of rules on the listing of the ingredients on
labels of alcoholic beverages. This measure had been
proposed by the Commission because, inter alia, more
and more alcoholic beverages whose composition and
presentation are geared to sales to young people had
come onto the market in recent years. It is important
that young people should be able, using the information
presented on the products,
they are
drinking. Moreover, common legislation on the labelling
of alcoholic beverages is essential for the expansion and
preservation of the internal market in these products.

to know what

(12) According to Article 15 of Council Directive 89/
552/EEC on the coordination of certain provisions laid
down by law, regulation or administrative action in
television
Member States concerning the pursuit of
broadcasting activities, as amended by Council Directive
97/36/EC (3), television advertising for alcoholic bever-
ages shall comply with a set of criteria, with a specific
reference to the protection of minors.

(13)

(14)

In implementing the recommended measures, it must be
kept in mind that restrictions to cross-border commer-
cial communication services must be compatible with
Article 49 of the Treaty and must therefore be propor-
tional to the general interest objectives they pursue such
as the protection of public health and consumers.

It has to be noted that any decision to remove offending
products emanating from another Member State is
subject to Decision 3052/95/EC (4) establishing a proce-
dure for the exchange of information on national meas-
ures derogating from the principle of the free movement
of goods within the Community. It must be notified and
its proportionality justified to the Commission as
required by that Decision.

(15) Without prejudice to any national legislation or meas-
ures, producers and retailers should be urged to establish
or enforce self-regulatory controls over, and to agree on
standards for, all forms of promotion, marketing and

(1) OJ L 43, 14.2.2001, p. 31.
(2) OJ L 109, 6.5.2000, p. 29.
(3) OJ L 202, 30.7.1997, p. 60.
(4) OJ L 321, 30.12.1995, p. 1.

(16)

(17)

(18)

(19)

the
retailing of alcoholic beverages,
medium used, in the framework of codes of conduct.

irrespective of

Self-regulation of advertising for alcoholic beverages,
which has the support of the relevant interested parties,
such as producers, advertisers and media and which is
already working in a number of Member States, often in
close cooperation with governments and non-govern-
mental organisations, can play an important role with
regard to the protection of children and adolescents
from alcohol related-harm. Youth organisations could
also make an important contribution in this context.

There is statistical evidence in some Member States of
changes in the drinking patterns amongst adolescents
which are of particular concern, namely: an increase in
binge drinking and heavy drinking among minors, a
trend towards significant, unsupervised consumption of
alcohol outside the family environment at an earlier
stage, an increasing consumption by young girls in some
Member States, and a trend to consume alcohol
in
combination with other drugs. The available information
needs, however, to be further developed.

There is a clear need in the Community for improved
research as to the causes, the nature and the scale of the
problems, caused by the drinking of alcohol by young
people, in particular children and adolescents, through,
inter alia, more extensive and consistent data collection.

a

contribution by

the objective of

In accordance with Article 5 of the Treaty, efforts to
achieve
the
Community towards ensuring a high level of health
protection must be undertaken in accordance with the
principle of subsidiarity, and in accordance with the
principle that Community action shall not go beyond
what is necessary to achieve the objectives of the Treaty.
take
The
account of past and current measures implemented in
the Member States, and be proportionate to their public
health objective.

recommended measures must

therefore

(20) A continuous assessment of the measures undertaken
should be carried out, with particular regard to their
effectiveness and the achievements at both national and
Community level,

RECOMMENDS THAT:

I. In formulating their strategies and taking regulatory or
other action appropriate to their individual circumstances,
in the framework of a common approach across the
Community, with respect to young people and alcohol, and
with particular regard to children and adolescents, Member
States, with the support as appropriate of the Commission,
should:

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1. promote research into all the different aspects of prob-
lems associated with alcohol consumption by young
people and, in particular, children and adolescents, in
order to better identify and evaluate measures to deal
with these problems;

2. ensure that

the development,

implementation and
evaluation of comprehensive health promotion policies
and programmes targeted at children, adolescents,
their parents, teachers and carers, at local, regional,
national and European level, should appropriately
include the alcohol issue, with a particular emphasis
on settings such as youth organisations, sporting
organisations and schools, and taking into account
existing experiences for instance the ‘health-promoting
school’;

3. produce and disseminate to interested parties evidence-
based information on the factors which motivate
young people, in particular children and adolescents,
to start drinking;

4. foster a multisectoral approach to educating young
in order to help prevent the
involving
the education, health and youth
relevant non-

people about alcohol,
negative consequences of its consumption,
as appropriate,
services,
governmental organisations and the media;

law enforcement agencies,

5. support measures to raise awareness of the effects of
alcohol drinking, in particular on children and adoles-
cents, and of the consequences for the individual and
the society;

6.

increase young people's involvement in youth health-
related policies and actions, making full use of the
contributions which they can make, especially in the
field of information, and encourage specific activities
which are initiated, planned,
implemented and eval-
uated by young people;

7. encourage the production of advisory materials for
parents to help them discuss alcohol issues with their
children, and promote their dissemination via local
networks such as schools, health care services, libra-
ries, community centres as well as via the Internet;

8. further develop specific initiatives addressed to young
people on the dangers of drink-driving, with a specific
reference to settings such as leisure and entertainment
venues, schools and driving schools;

9. take action as a matter of priority against the illegal
sale of alcohol to under-age consumers and, where
appropriate, require a proof of age;

10. support

the

notably

specific
approaches on early detection and consequent inter-
ventions aimed at preventing young people becoming
alcohol-dependent.

development

of

II. Member States should, having regard to their different
legal, regulatory, or self-regulatory environments, as appro-
priate:

1. encourage, in cooperation with the producers and the
retailers of alcoholic beverages and relevant non-govern-
mental organisations,
the establishment of effective
mechanisms in the fields of promotion, marketing and
retailing;

(a) to ensure that producers do not produce alcoholic
children and
specifically targeted at

beverages
adolescents;

(b) 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:

— the use of styles (such as characters, motifs or

colours) associated with youth culture,

— featuring children, adolescents, or other young-

looking models,

in promotion campaigns,

— allusions to, or

the
consumption of drugs and of other harmful
substances, such as tobacco,

images associated with,

— links with violence or antisocial behaviour,

— implications of social, sexual or sporting success,

— encouragement of children and adolescents to
drink, including low-price selling to adolescents
of alcoholic drinks,

— advertising during, or sponsorship of, sporting,
musical or other special events which a signifi-
cant number of children and adolescents attend
as actors or spectators,

— advertising in media targeted at children and
adolescents or reaching a significant number of
children and adolescents,

— free distribution of alcoholic drinks to children
and adolescents, as well as sale or free distribu-
tion of products which are used to promote
alcoholic drinks and which may appeal in partic-
ular to children and adolescents;

(c) to develop, as appropriate, specific training for
servers and sales persons with regard to the protec-
tion of children and adolescents and with regard to
existing licensing restrictions on the sale of alcohol
to young people;

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(d) to allow manufacturers to get pre-launch advice, in
advance of marketing a product or investing in a
product, as well as on marketing campaigns before
their actual

launch;

(e) to ensure that complaints against products which
are not being promoted, marketed or retailed in
accordance with the principles set out in points (a)
and (b) can be effectively handled, and that,
if
appropriate, such products can be removed from
sale and the relevant inappropriate marketing or
promotional practices can be brought to an end;

2. urge the representative producer and trade organisations
of alcoholic beverages to commit themselves to observe
the principles described above.

III. The Member States, with a view to contributing to the
follow-up of this recommendation at Community level, and
acting as appropriate in the context of the programme of
action in the field of public health, should report, on
request to the Commission on the implementation of the
recommended measures,

2.

3.

4.

5.

to promote further research at Community level into the
attitudes and motivations of young people,
in particular
children and adolescents, in regard of alcohol consumption
and monitoring of ongoing developments;

to follow-up, assess and monitor the developments and
measures undertaken in the Member States and at
Community level, and to ensure in this context a contin-
uous, constructive and structured dialogue with all inter-
ested parties;

to report on the implementation of the proposed measures,
on the basis of the information provided by Member States,
no later than the end of the fourth year after the date of
adoption of this recommendation and then regularly there-
after, to consider the extent to which the proposed meas-
ures are working effectively, and to consider the need for
revision or further action.

to make full use of all Community policies, particularly of
the programme of action in the field of public health, in
order to address the matters covered in this recommenda-
tion.

INVITES THE COMMISSION IN COOPERATION WITH MEMBER
STATES:

Done at Luxembourg, 5 June 2001.

1.

recommendations,

to support the Member States in their efforts to implement
these
especially by collecting and
providing relevant comparable data, and by facilitating the
exchange of information and best practices;

For the Council

The President

L. ENGQVIST