Minimum drink price ‘within EU laws’

However, the Nationalists said the Commission's answer to a parliamentary question made it clear a minimum price could be introduced.

Labour MEP Catherine Stihler had asked the Commission to "comment on whether or not minimum alcohol retail prices violate EC law".

The response to that stated that legislation "does not prohibit member states from setting minimum retail prices for alcoholic beverages".

It went on to explain a European Court ruling meant that if prices were set at such a level that imported products would be at a disadvantage, that could be seen as an obstacle to the free movement of goods.

But it added: "This would not be the case if pricing rules applied to all relevant traders operating within the national territory, and if they affected in the same manner, in law and in fact, the marketing of domestic and imported products."

Ian Hudghton, an SNP MEP, welcomed the answer and said: "The SNP and the Scottish Government have always been clear that minimum pricing on alcohol is both legal and necessary.

"This answer makes clear that the proposal for minimum pricing on alcohol is well within EU law and kills off opposition and industry suggestions to the contrary."

Mr Hudghton continued: "The Commission have made it perfectly plain that the plan set out by the Scottish Government would be within trade rules, and that the European Court has already ruled that this kind of action is permissible.

"Instead of using European rules as an excuse to oppose what is a much-needed change to Scotland's relationship with alcohol, it is time for opposition parties and the industry itself to accept the evidence and to support the policy."

The Nationalist went on: "All the evidence indicates that increasing the price of problem drinks such as cheap beers and ciders will improve health and cut irresponsible alcohol consumption - as well as helping to reduce the £2.5 billion cost to Scotland's public services of alcohol related problems.

"Minimum pricing has the support of all of the UK's chief medical officers and the World Health Organisation amongst others. As the SNP Scottish Government brings in the legislation for minimum pricing it is time the opposition and the industry joined them."

However Labour disputed the SNP`s interpretation of the situation.

Ms Stihler said: “The key section in the answer to my question from the European Commission is that minimum pricing must apply to the whole member state, not just a nation within it.

“In Scotland we are in Europe as part of the UK, which gives us great clout. So the SNP`s blithe interpretation just doesn`t stack up.”

She added: “This is lazy government from the SNP.”

And she challenged the Nationalists to “publish all the legal advice they have received, not just some of it” on the issue of minimum pricing.

Ms Stihler also said the Scottish Government needed to “work with other parties to find solutions that will actually solve problem drinking”.

She stated: “I know my colleagues in Holyrood are open to that if the SNP can put aside party politics on this.”

And a spokesman for the Scotch Whisky Association claimed minimum pricing was likely to breach the European Treaty of Rome.

He said: “European court cases going back over three decades have concluded that minimum prices violate EU law.

“Scottish Government plans to introduce such a scheme are likely to breach article 28 of the Treaty of Rome and a legal challenge to the scheme is highly likely.”

Jeremy Beadles, the chief executive of the Wine and Spirit Trade Association claimed the SNP had made a “very selective interpretation of a parliamentary answer”.

He added: “The European Commission has been clear that it can’t respond on the legality of the Scottish Government’s proposal until it has actually seen it.

“One of our major issues is that minimum pricing would do exactly what the Commission is concerned about and discriminate against wine and spirit products from lower cost countries in Eastern Europe and South Africa.”