EC declares cigarette minimum pricing against the law

Moves to introduce a minimum price on alcohol in Scotland may have been dealt a blow by the European Commission.

The Commission has stated that it believes setting a minimum price on cigarettes is against community law and distorts competition.

The comments were made in relation to infringement proceedings being made against Ireland, Austria and France for fixing cigarette prices in a bid to cut consumption.

The EC stated: "The Commission believe that such fixing of minimum prices infringe community law, distort competition and benefit only manufacturers by safeguarding their profit margins.

"To achieve the objective of reducing tobacco consumption the Commission advocates increasing the excise duty on cigarettes."

The decision could have implications for plans in Scotland to introduce a minimum price of 40p per unit to tackle the country's alcohol problems.

Mark Hastings, director of communications at the British Beer & Pub Association, said: "It's difficult to see how this doesn't affect the plans in Scotland, or indeed the debate elsewhere."

The Irish drinks industry is set to challenge the Scottish government over its plans for minimum pricing because it believes it violates European law.

However last month the Commission commented on the plans.

A statement said: "The Commission recognises the right of member states to pursue public health objectives and welcomes, in principle all initiatives which aim at reducing harms to public health, in particular alcohol related harm.

"Community secondary legislation, does not prohibit member states from setting minimum retail prices for alcoholic beverages. However, any such national measure and its effects still need to be compatible with other provisions of Community law, including the EC Treaty's rules on the free movement of goods."

The Publican​ is campaigning for the introduction of a minimum price to tackle irresponsible booze deals in the off-trade. Click to sign our online petition​