/ 03 Oct 2022
Belgium Alcohol Laws

View more detailed information on the regulation of the marketing of alcohol in this country>> In Belgium, there is only one federal law regulating alcohol advertising, namely the “Wet betreffende de bescherming van de gezondheid van de gebruikers op het stuk van de voedingsmiddelen en andere produkte (Law on the protection of consumer health with regard to foodstuffs and other products). Since Belgium is a federal state and advertising on radio and television is considered a Community competence, radio and television advertising is regulated at Community level. This means that there are four different legal regulations governing television and radio: the Consumer Health Protection Act and the decrees for the three Communities (Flemish Decree, French Decree and German Decree). The decrees all contain a chapter on the regulation of advertising, sponsorship and teleshopping and, in most cases, alcohol is explicitly mentioned. The provisions on the marketing of alcohol in the various Community legislations are similar in each region. It is also for the Communities to review these legal provisions. The Flemish and French Communities are also responsible for the media in the Brussels region. Until 2007, there was also a separate decree for Brussels. Until May 2005, beer advertising was (self-)regulated by the beer industry`s “Code of Conduct and Advertising for Beer”. De regulering van reclamevoering op televisie en radio is een gemeenschapsbevoegdheid en dit betekent dat elke gemeenschap (Vlaamse, Franse en Duitstalige) hierover haar eigen regelgeving heeft.

De bepalingen in de verschillende regelgevingen zijn echter zeer gelijkaardig. Article 16 of the decree for the French-speaking community Decret coordinates on audiovisual media services stipulates that French services broadcasting the marketing of alcoholic beverages on radio and television must provide the government with free airtime for the broadcast of health education campaigns. The Decree on the Decree of the German-speaking Community on [Audiovisual Media Services] and Cinema Screenings (Decree of the Media Council of the German-speaking Community of Belgium) stipulates in Article 6.1 (§3) that audiovisual commercial communications for alcoholic beverages shall not be specifically intended for minors and shall not encourage the excessive consumption of such beverages. Thanks to the “Pact on the Practice and Advertising of Alcoholic Beverages”, the former beer industry self-regulatory code has evolved into a co-regulation between the alcohol industry, consumer organizations and the government. On 25 January 2013, Belgian breweries, the Belgian Wine and Spirits Association, COMEOS, the Association of Hotels, Restaurants and Bars, Consumer Organisations (OIVO and Testaankoop), in collaboration with the Minister of Health Onkelinx, signed a new Convention on the Practice and Advertising of Alcoholic Beverages. This new congress has been in force since April 25, 2013. So far, this pact has not been implemented in any legal structure, so it is a non-legal self-regulation. The Almoregal research project is currently studying (August 2016 – March 2018) the regulation of alcohol marketing in Belgium. If you have more than 0.5 mg of alcohol in your blood and you drive a car (by car, moped or bicycle), you are liable to prosecution. The police are always able to test if you have drunk too much.

If this is the case, you will be fined and you will not be allowed to drive for at least 3 hours. Article 16 of the decree for the French-speaking community Decret coordinates on audiovisual media services stipulates that French services broadcasting the marketing of alcoholic beverages on radio and television must provide the government with free airtime for the broadcast of health education campaigns. Thanks to the “Pact on the Practice and Advertising of Alcoholic Beverages”, the former beer industry self-regulatory code has evolved into a co-regulation between the alcohol industry, consumer organizations and the government. On the 25th. In January 2013, Belgian breweries, the Belgian Wine and Spirits Association, comeos, the Association of Hotels, Restaurants and Bars, Consumer Organisations (OIVO and Testaankoop) and Health Minister Onkelinx signed a new Convention on the Practice and Advertising of Alcoholic Beverages. This new congress has been in force since April 25, 2013. So far, this pact has not been implemented in any legal structure, so it is a non-legal self-regulation. Since Belgium is a federal state and advertising on radio and television is considered a Community competence, radio and television advertising is regulated at Community level. This means that there are four different legal regulations governing television and radio: the Consumer Health Protection Act and the decrees for the three Communities (Flemish Decree, French Decree and German Decree).

The decrees all contain a chapter on the regulation of advertising, sponsorship and teleshopping and, in most cases, alcohol is explicitly mentioned. The provisions on the marketing of alcohol in the various Community legislations are similar in each region. It is also for the Communities to review these legal provisions. The Flemish and French Communities are also responsible for the media in the Brussels region. Until 2007, there was also a separate decree for Brussels. Until May 2005, beer advertising was (self-)regulated by the beer industry`s “Code of Conduct and Advertising for Beer”. The Council Recommendation on alcohol consumption by young people, in particular children and adolescents (2001/458/EC), makes it clear that children should not be targeted by manufacturers and that regulatory oversight of retail trade should be strengthened. Find out more about the complaint procedure in this country>> complaint procedure Complaints of violation of the law can be submitted to the independent media authorities of the Flemish and Walloon Communities. Both the Vlaamse Regulator voor de Media and the Conseil Supérieur de l`Audiovisuel have the power to impose a number of sanctions in the event of infringement (ranging from a recommendation on public shame to the restriction of broadcasting rights, including fines of up to €125,000). Vlaams mediadecreet betreffende de radio-omroep en de televisie (Flemish Law on Radio and Television, Statutory: The Flemish Media Regulatory Authority is responsible for supervising media regulation in the Flemish Community. The General Council of the Flemish Media Regulatory Authority evaluates complaints about marketing, teleshopping, sponsorship, etc., which can be submitted by any interested person or organisation. Violations of the rules can be subject to a penalty: up to €125,000, a warning accompanied by a request to put an end to the infringement or the obligation to notify the Commission`s decision.

The offender must pay for this broadcast, for the mandatory publication of the decision in newspapers and/or weeklies. The offender must pay for this publication; suspension or revocation of the broadcasting authorization; the suspension or revocation of the recognition of the broadcasting company. Summaries of decisions, recommendations and complaints are published on the website of the Flemish media regulator. The minimum and maximum duration of the formal procedure is 6 weeks. This period may be extended if this is necessary for the procedure and/or investigation. Decret coordinates on audiovisual media services (decree of the French Community on audiovisual media services), legal: the search for infringements is carried out by the Research Secretariat of the “Higher Council of the Audiovisual Sector of the French Community”. The Research Secretariat receives all complaints from the public about radio and television programs (e.g., .