Subject: Health warnings on wine labels
The Commission has not yet raised any objection to Ireland’s proposed regulations for health warning labels on alcohol. Product labels’ primary function is to give consumers accurate information, and harmonised rules on labelling are essential to the proper functioning of the internal market. Wine- growing plays a vital role by providing jobs and sustainability in rural areas with few alternatives. Wine is a natural product and a fundamental part of European civilisation, and the Mediterranean diet also includes moderate wine consumption.
There is a substantial difference between moderate consumption and excessive/harmful consumption of any product. The way forward is through educating people and tackling excessive/harmful consumption.
1. Does the Commission believe that the Irish Government’s unilateral proposal – should it be put into practice – could pose an obstacle to wines from other Member States entering the Irish market?
2. Will the Commission carry out an ex ante assessment of the Irish Government’s proposal and any revisions to labelling rules that the Commission may propose?
3. Would it not be more suitable for the Commission to reinforce an EU-wide policy that provides consumers with information and guidance?
Submitted: 10.2.2023
Answer given by Ms Kyriakides on behalf of the European Commission
(14 April 2023)
The Irish draft measures in question were assessed under the Food Information to Consumers Regulatio n (1) (FIC Regulation) and the Single Market Transparency Directive (2).
As regards the labelling requirements imposed by the Irish legislation, it should be borne in mind that the case-law of the Court has repeatedly pointed out that, in the absence of harmonised rules at EU level, the Member States have a wide margin of discretion in determining the level of health protection to be granted.
This assessment is based on the specific legal and factual circumstances of the Member State concerned. It is for the Member State to demonstrate the necessity and proportionality of the measures aimed at ensuring the protection of public health.
The Irish authorities have extensively justified the notified measures by explaining their action is based on scientific evidence on public health grounds.
Europe’s Beating Cancer Plan (3) announced work towards health warnings on labels of alcoholic beverages. Currently, preparatory work and evidence gathering are in progress.
It also announced to introduce a mandatory indication of the list of ingredients and the nutrition declaration on labels of all alcoholic beverages.
This work was incorporated in the revision of the FIC Regulation under the Farm to Fork Strategy (4). An impact assessment is currently in preparation, involving a wide-ranging evidence and data gathering exercise.
1 ∙ ⸱ https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32011R1169
2 ∙ ⸱ https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015L1535
3 ∙ ⸱ https://health.ec.europa.eu/system/files/2022-02/eu_cancer-plan_en_0.pdf
4 ∙ ⸱ https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12749-Food-labelling-revision-of-rules-on-information-provided-to-consumers_en