WRITTEN QUESTION E-0539/03 by Lennart Sacrédeus (PPE-DE) to the Council. Green light for alcohol advertising.
Date: 2003-02-26
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Sweden, advertising, alcoholic beverage, interpretation of the law, public health

C 222 E/214

Official Journal of the European Union

EN

18.9.2003

(2003/C 222 E/242)

WRITTEN QUESTION E-0539/03

by Lennart Sacrédeus (PPE-DE) to the Council

(26 February 2003)

Subject: Green light for alcohol advertising

Sweden has a long-standing restrictive alcohol policy, which has had a positive effect on public health and
led to lower average alcohol consumption compared with the rest of Europe. Swedish alcohol policy is
now under threat, however. In a judgment in the Gourmet case, the Swedish Market Court has ruled that
the Swedish ban on advertisements for alcohol in newspapers and magazines is contrary to EU rules on
freedom of movement for goods and services. It is claimed that the implication of the judgment is that the
Swedish Parliament will have to amend the law on alcohol, which will inevitably lead to a rise in alcohol
consumption in Sweden as that is the purpose of the advertising.

The ban on advertisements for alcohol in newspapers and magazines affects all alcoholic drinks (spirits,
beer and wine) equally. It is therefore doubtful whether the ban affects the free movement of goods and
services. The justification does not carry much weight compared with the adverse effects on public health
resulting from an increase in alcohol consumption. Unfortunately, the judgment of the Market Court
points in the opposite direction.

Is it the Council’s view that Sweden will be compelled to allow advertisements for alcohol in newspapers
and magazines despite the fact that they will have a negative impact on public health?

Reply

(13 May 2003)

The Council
regarding the possible consequences of a ruling by a Swedish national court.

is not in a position to pronounce itself on the issue raised by the Honourable Member

(2003/C 222 E/243)

WRITTEN QUESTION E-0544/03

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Implementation by Greece of Directive 89/48/EEC

(26 February 2003)

Presidential Decree 165/2000 transposing Directive 89/48/EEC (1) under Greek law, has been amended by
Presidential Decree 385/2002, which also transposes Directive 2001/19 EEC (2).
the
Commission forwarded a reasoned opinion (SG (2002) 220544 (cid:1) 1.7.2002) as part of infringement
proceedings (2001/4046) for failure by Greece to transpose properly under national law Directive 89/48/
including recognition of diplomas
EEC and failure to implement properly certain provisions thereof,
awarded by the relevant institutions of other Member States on completion of studies on the basis of
franchise agreements concerning the right to use the names of the institutions concerned.

In July 2002,

Does the new Presidential Decree 385/2002 remedy the shortcomings regarding the transposition of
Directive 89/48/EEC? If not, what steps will be taken by the Commission in response to failure to
implement the directive properly?

(1) OJ L 19, 24.1.1989, p. 16.
(2) OJ L 206, 31.7.2001, p. 1.