East of England Euro MP welcomes booze cruise decision

12.00.00pm BST (GMT +0100) Wed 20th Oct 2004

East of England Liberal Democrat Euro-MP, Andrew Duff, today welcomed the European Commission's decision to take the government to court over heavy-handed customs seizures at British ports.

Every year, thousands of British shoppers exercise their right to shop in the EU and bring home cheap cigarettes and alcohol. So long as the goods are for private use and are not re-sold, shoppers are not breaking the law.

In order that customs officials can differentiate between smugglers and genuine shoppers, the European Commission issues guidelines on what quantity of purchases shoppers can take back to the UK: currently a maximum of 90 litres of wine, 110 litres of beer and 800 cigarettes.

But enforcement of the rules has sparked controversy. Many shoppers claim that they have been unfairly treated by customs officials. The company Hoverspeed, which runs routes between Dover and Calais, recently launched a £50 million damages claim against customs and excise, accusing its staff of heavy-handed treatment of passengers.

Today's decision is based on the treatment of those shoppers who have been buying cigarettes and alcohol abroad in the EU and then selling them on to family and friends on a "not for profit" basis. In such cases UK authorities are entitled to confiscate the goods concerned, and may even seize the shopper's vehicle with no guarantee of its return.

The Commission believes that in such cases the seizure of property is a "severe and intrusive sanction", and that it is totally disproportionate to the "minor offence" in question. As a result, the Commission will take the UK to the European Court of Justice, which will then rule on the legality of the government's policy.

Speaking after the Commission made its decision, Andrew Duff said,

"The Commission has taken the right decision. Everyone understands the British government's need to fight fraud, but shoppers should not be put off buying goods in the EU because government policy leads to heavy-handed customs officials.

Is it really fair that people should lose their cars because they bought cigarettes for a neighbour? Some shoppers buy cigarettes and alcohol for friends and family and pass them on without making a profit. At the very most they should pay the extra duty. Seizing vehicles and expensive purchases is an extreme punishment.

The British government has had three years to resolve this issue but has put it off at every turn. Sending the case to the European Court of Justice is too late for shoppers who have had their cars confiscated by customs officials, but at least their right to shop in Europe will be defended - even if not by their own Chancellor, Gordon Brown!"

ENDS

Note to editors:

Travellers' right to buy tobacco and alcohol abroad

When private individuals buy products subject to excise duty (such as tobacco products and alcoholic beverages) for private use in a Member State and then transport these products to another Member State, the excise duties on those goods must be paid in the Member State where they are bought. In other words, no excise duties should be paid in the Member State to which they are then taken. This includes alcohol and tobacco products for personal consumption or intended as gifts. This is stipulated in Article 8 of Directive 92/12/EEC, agreed unanimously by Member States in the EU's Council of Ministers in 1992.

If, on the other hand, the products are held for other purposes (defined as "commercial purposes" in the Directive), the excise duties are payable in the Member State of destination.

The latest information on infringement proceedings concerning all Member States can be found at the following site:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm