Alcohol pricing plans ‘need Brussels ruling’

Published on Sunday 12 February 2012 00:00

PLANS to impose a minimum unit price on all alcohol in Scotland should be sent to Brussels for legal judgment before the SNP attempt to pass the legislation in parliament, the European Commission has warned.

A letter from the EC’s enterprise director-general, Heinz Zourek, to Scottish whisky bosses last week states that the controversial plan “seems, in principle” to be “notifiable” under EU free trade law.

Such a notification is normally sent to the EC by member states in cases where new regulations are put in place which may obstruct the flow of trade across the continent.

SNP ministers claim they do not need to do so for minimum pricing, and are planning to push the measure through the Scottish Parliament this year.

But the Scotch Whisky Association is now calling on Health Secretary Nicola Sturgeon formally to put the plans to the EC so it can be either approved or rejected.

The letter goes on: “The commission always reminds member states of their duty to notify.

“However, it falls under the member states’ competence to decide if and at what stage they will notify a draft national rule.”

A spokeswoman for the Scotch Whisky Association said last night: “We have always taken the position that the Bill should be notified to the European Commission. We think the Scottish Government should take this opportunity to notify the proposals and clarify the legal situation.”

Whisky bosses and retailers say the plans may be counter-productive, encourage a cross-border trade, and see foreign countries putting up trade barries on imports of Scotch whisky.

However, a consultation exercise conducted by the Scottish Government shows that among health campaigners there is a clear consensus for a minimum price of around 50p per unit – meaning a two-litre bottle of cider would go up to around £4 while a 70cl bottle of vodka would go up to around £12.

A Scottish Government spokesman said last night: “We have always been clear our proposals are compatible with European law, providing certain key conditions are met. We will continue to consider the issue of notification and we will take the action we consider appropriate in due course.”

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