The Brewers of Europe (CMBC)

Summary of the initiative

Name
The Brewers of Europe (CMBC)
Objective(s)
The purpose of the Guidelines is to ensure that commercial communications for beer do not lead to excessive consumption or misuse of any kind, i. e. that beer marketing is directed only at those above the legal drinking age and is carried out with care and discretion, so as not to encourage excessive or irresponsible consumption. The brewing industry wants to demonstrate its ability to conduct its business responsibly, by self-regulation of its commercial communications and the active promotion of the highest ethical standards. Commercial communications refer to advertising, promotions and sponsorship. Specific objectives include: improving sector's image; increasing clients' trust in the quality of the products/services; raising industry standards; avoiding government regulation. The Guidelines are intended for use throughout the Member States of Europe and accession countries. They are not meant to replace existing national codes, but rather to provide a common basis to be incorporated into national codes, to fill in gaps where necessary. Where no codes exist, the Guidelines will provide the basis for codes for beer. Increased consistency will help to ensure that self-regulation is effective. In November 2005 "the Brewers of Europe" has adopted a "Position on voluntary responsible consumption messaging" advising on the philosophy to follow for such company or national messaging.

Description of the Initiative

    Sector

    Sector

    Contact Point - Commission
    SANCO DDG1.C.4

    Self/Co-Regulation Basic Act

    PRIVATE ACT
    Year
    2003
    Title of Act
    Responsible Commercial Communications Guidelines for the Brewing Industry

    Geographical Coverage

    Participating Countries
    Austria

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    Excessive or irresponsible consumption of alcoholic drinks may have damaging personal, social or health consequences.
    Target Group(s)
    National Brewing Associations in Europe.
    Type of Instrument(s)
    Guidelines:The advertising industry finances the self-regulatory organisations or the self-regulatory bodies.
    Type of Financing
    The advertising industry finances the self-regulatory organisations or the self-regulatory bodies.
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commissionyes
    National public authority
    International public authority
    Private regulator (code owner)yesyesyesyesyes
    Private independent party with a mandate (e.g. auditors)yesyesyes
    Self-appointed private parties (e.g. NGOs)yesyes
    Succinct description of the type of Monitoring
    The principle of subsidiarity means that complaints are best dealt with on a national basis by the competent national body, as this is the most effective for the consumer. There is a complaints mechanism in all the Member States of the European Union and in several accession countries, which deals with breaches of the International Chamber of Commerce International Code of Advertising Practice. The competent national body will usually be a self-regulatory organisation (SRO). SROs are funded by the advertising industry but their decision-making function should be (and normally is) independent of the advertising, or any other, industry. If there is a clear need for a Code to be developed, but no obvious body to provide the secretariat, a self-regulatory body (SRB), i.e. a body emanating from trade associations or social aspects organisations (SAOs) may appoint a Complaints Officer and establish a Complaints Committee to adjudicate and report on complaints. The SRO/SRB, although it is funded by the industry, must be (and be seen to be) scrupulously impartial: its task is to protect consumers by maintaining high standards. This is usually done by setting up an impartial complaints committee to consider complaints alleging breaches of the Codes. The rulings of this committee can be enforced using a range of sanctions, including adverse publicity through the publication of the committee's decisions; media refusal of advertisements against which the complaints committee has upheld a complaint; imposing pre-clearance of further advertisements by the offending advertiser.
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulator
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    -

    Downloads

    SMO self- and co-regulation database - private code 87
    SMO self- and co-regulation database - private code 87a