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EUROPEAN COURT RULES MINIMUM PRICING IS ILLEGAL PDF  | Print |  E-mail
Thursday, 04 March 2010 14:35

Scottish Government plans to introduce alcohol minimum pricing suffered a further serious
setback today (March 4th , 2010), when the European Court of Justice ruled that minimum
pricing of tobacco in Austria, France and Ireland is illegal.


The ruling upheld an October 2009 ‘Opinion’ by the Court’s Advocate-General that minimum
pricing unfairly distorts competition. Minimum pricing arrangements in the countries involved
were all f ound to violate EU law, in line with over thirty years of European Court case-law. The
Scotch whisky Association (SWA) called on the Scottish Government to withdraw its minimum
pricing proposal from the Alcohol Bill and work with all parties to address alcohol harm in
Scotland.


Gavin Hewitt, Chief Executive of The S cotch Whisky Association, said:
“Today’s ruling is a major development, confirming our contention that minimum pricing
breaches EU law and unfairly distorts competition. Given this latest evidence, the Scottish
Government must now recognise the legal realities. It cannot introduce a trade barrier in
breach of the UK’s European obligations by imposing minimum pricing on alcohol in Scotland.
“The Court has also said that measures to prevent sales at a loss are acceptable. The SWA has
said repeatedly that we are ready to work with the Scottish Government on just such a legal,
alternative and transparent mechanism to address alcohol harm. We would urge the Scottish
Government to withdraw minimum pricing from the Alcohol Bill and hope that a consensus can
now be reached on tackling loss leading sales of alcohol .”


Note to Editors:


1. The European Court of Justice’s press release ca n be found at:
http://curia.europa.eu/jcms/upload/docs/application/pdf/2010 -03/cp100021en.pdf
2. For further information, please contact Campbell Evans (0131 222 9231 or 07768 002 262) and
David Williamson (0131 222 9230 or 07730 496 151) at the SWA.

 
SCOTCH WHISKY EXPORTS SHOWING THE WAY OUT OF RECESSION PDF  | Print |  E-mail
Tuesday, 08 December 2009 14:10

New figures released today ( 8December 2009) show that more than 807 million bottles of
Scotch whisky were shipped abroad during the first nine months of 2009.
G lobal shipments grew by 1.5 per cent compared to 2008, despite recession, according to the
export figures (January-September 2009) published by The Scotch Whisky Association (SWA) .
Values were 3.5 per cent down on the previous industry record in 2008, r eaching £2.11 billion –
the industry’s second best export value performance at the end of September.
The SWA reported that despite weak economic conditions and trade de-stocking, which
impact ed exports in the first quarter of the year, t he industry remained confident of future
growth as international conditions improve.
Gavin Hewitt, SWA Chief Executive, said:
“After a tough first quarter, Scotch Whisky exports have performed well so far in 2009. We
look forward to a good last quarter with the important Christmas and New Year period now in
full swing.
“Distillers have been resilient through the recession, investing for future opportunities and
underscoring Scotch Whisky’s increasing importance to the domestic economy. Scotch Whisky
exports – which already represent 20 per cent of Scotland’s manufactured exports – are
showing the way in bringing the Scottish economy out of recession. ”
The SWA reported that the international spread of Scotch Whisky export markets helped to
mitigate the impact of weaker economic conditions in certain countries .
Within the top ten markets , the value of exports to France, South Africa, and Venezuela
increased. Shipment value to the United States, Spain and South Korea w as lower.

T he UK market continued to struggle with releases from bond down 11 per cent, raising further
questions over the need for, and impact of, minimum pricing in Scotland.
T he SWA pointed to the negative impact of trade barriers being introduced against Scotch
Whisky overseas on the back of a Scottish precedent if minimum pricing was introduced in
Scotland.




 

 

- ENDS -
Note to Editors:


1. The SWA figures are derived from HM Revenue & Customs data and are based on individual
company declarations of the export value and volume of shipments to each market (which
may not be the final destination of the consignment). The figures do not represent
sales/consumption of Scotch Whisky in those markets.
2. For further information please contact Campbell Evans (0 20 7629 4384 or 07768 002 262) or
David Williamson (020 7629 4384 or 07730 496 151) at the SWA.

 
RIGHT BLEND FOR SCOTCH AS NEW WHISKY LAW COMES INTO FORCE PDF  | Print |  E-mail
Monday, 23 November 2009 10:12

Landmark Scotch whisky Regulations covering every aspect of the making, bottling, and
labelling of Scotch Whisky come into force today (23 November 2009).

The far -reaching new rules provide robust legal protection for Scotch Whisky from imitations,
whilst ensuring consumers receive clear and consistent information on bottle labels.
Introduced by the UK Government, the Regulations reinforce the integrity of Scotch and will
support the future growth of Scotland’s largest export.

A new requirement to only bottle Single Malts in Scotland, t ighter rules on the use of distillery
names on bottle labels, and better protection of traditional regional names such as ‘Highland’
and ‘Lowland’, are among the measures introduced. Consistent labelling terms and rules will
ensure consumers receive clear information about what they are buying.

The industry plans to use the Regulations as an opportuni ty to promote and grow understanding
of the different categories of Scotch Whisky around the world.

Paul Walsh, Chairman of The Scotch Whisky Association, welcomed the new law:
“Protection and promotion of Scotch Whisky is at the heart of the new UK Regulations, which
are in the best interests of whisky consumers, distillers, and the wider economy.

“Working with the UK Government and officials in Scotland, these Regulations are a major step
forward and form the definitive statement of the rules on ma king, bottling, and labelling
Scotch Whisky. The new rules have been welcomed across the industry, benefiting small and
large distillers alike, and supporting the growth of both Single and Blended whiskies.

“Consumers around the world are passionate about Scotch Whisky. They recognise brands of
the highest quality, which have built up a reputation that is second to none. This landmark
legislation will help us to ensure they always receive the genuine article and help us to explain
better to consumers w hy Scotch Whisky is so special.”

Note to Editors:

1. The Scotch Whisky Regulations (2009/2890) represent a definitive statement on the
definition and presentation of Scotch Whisky. Full details of the new law can be found at
http://www.opsi.gov.uk/si/si2009/uksi_20092890_en_1

2. The key provisions of the new law include:

  • Five categories of Scotch Whisky are defined for the first time; Single Malt Scotch
    Whisky, Single Grain Scotch Whisky, Blended Malt Scotch Whisky, Blended Grain Scotch
    Whisky, and Blended Scotch Whisky.

These compulsory category sales terms will be required to appear clearly and
prominently on all labels.

  • A requirement to only bottle Single Malt Scotch Whisky in Scotland.
    New rules to prevent the misleading labelling and marketing of Single Malt Scotch
    Whiskies.
  • A ban on the use of the term ‘Pure Malt’.
  • A ban on the use of a distillery name as a brand name on any Scotch Whisky which has
    not bee n wholly distilled in the named distillery.
  • Protection of five traditional whisky regions of production; Highland, Lowland, Speyside,
    Islay, and Campbeltown.
  • A requirement that Scotch Whisky must be wholly matured in Scotland.
  • Clear rules on the use of age statements on packaging.
  • Designation of HM Customs & Excise as the verification authority for Scotch Whisky.

3. For more information please contact Campbell Evans (0131 222 9231 or 07768 002 262) or
David Williamson (07730 496 151) at the SWA.

 
MINIMUM PRICING ILLEGAL EUROPEAN COURT RULES PDF  | Print |  E-mail
Thursday, 22 October 2009 14:41

- Serious blow to Scottish alcohol minimum pricing plan -


In a major blow to Scottish Government plans to introduce minimum prices on alcohol the
European Court’s Advocate General today ruled that minimum pricing is illegal.
The Opinion said minimum prices were ‘not necessary in order to protect public health’ and
were a distortion of competition.


The ruling follows complaints to the Court by the European Commission against Austria, Ireland
and France for violation of EU rules in trying to impose national minimum pricing for
tobacco.


The Court’s Advocate General has concluded that France and Austria are not able to impose
minimum prices on health grounds. Ireland put forward different justification but here too
minimum pricing was rejected on the grounds that it distorts competition.


The Advocate General’s rejection of minimum pricing cast fresh doubts on the legality of the
Scottish Government’s plan to impose minimum price controls on Scotch whisky and other
drinks. The Scotch Whisky Association (SWA) has already argued that such a regime was likely
to breach both European Single Market rules and international trade law.


Gavin Hewitt, SWA Chief Executive, welcomed the today’s development:
“This Opinion is a comprehensive rejection of minimum pricing by the European Court of
Justice and cannot simply be ignored by the Scottish Government. Austria, Ireland and France
have been told clearly today that minimum pricing is a breach of EU law. The Scottish
Government must recognise the legal situation and drop this proposal which would be hugely
damaging to Scottish jobs.


“We are ready to work with the Government to tackle alcohol misuse by other means including
discussing our proposed ban on sales below tax.”

 

 
Pernod Ricard continues to reduce its debt PDF  | Print |  E-mail
Tuesday, 28 July 2009 09:37
Pernod Ricard continues to reduce its debt with the disposal of
Tia Maria to Illva Saronno for € 125 million  
 
Press release – Paris, July 27, 2009
 
Pernod Ricard announces the disposal of Tia MariaTM coffee liqueur to Illva Saronno for a cash
consideration of € 125 million on a cash free / debt free basis. The transaction signed and the cash
consideration was paid simultaneously on July 27, 2009.
 
The sale of Tia Maria together with other disposals completed since the acquisition of Vin & Sprit in
July 2008 enables Pernod Ricard to continue its debt reduction program having achieved disposals
totalling in excess of € 700 million.  
 
As part of the transaction:  
- Chivas Brothers Limited has been appointed to produce Tia Maria for Illva Saronno,  
- arrangements have been made for short term transitional distribution services to be
provided by Pernod Ricard affiliates  
- some longer term distribution agreements will be entered into in certain markets
- Pernod Ricard Argentina has been appointed to produce and distribute the brand in
Argentina.   
 
Pernod Ricard was advised in this transaction by Deutsche Bank, Rabobank, and by Macfarlanes
solicitors.  
 
I.L.L.V.A. Saronno Holding S.p.A. (“ILLVA”), wholly owned by the Reina family, is one of the
European leaders on the spirits and wine markets. In particular, the Group manufactures and
markets in more than 150 countries the world’s best selling Italian liqueur: Disaronno Originale (
http://www.disaronno.com/ ). Other brands marketed by the group include Rabarbaro Zucca,
Amaro 18, Artic vodka (in the spirits sector) and Vini Corvo, Cantine Florio, Duca di Salaparuta (in
the wine sector).  
 
 
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