East Mids Euro-MP welcomes Booze Cruise decision

4.38.00pm BST (GMT +0100) Wed 20th Oct 2004

East Midlands Liberal Democrat MEP, Bill Newton Dunn, 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 by bringing 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. However, many shoppers have had their goods, and even their vehicles, confiscated at UK ports.

In order that customs officials can differentiate between smugglers and genuine shoppers, the European Commission issues guidelines on the quantity purchased alcohol and tobacco that shoppers can take back to the UK: currently a maximum of 90 litres of wine, 110 litres of beer and 3200 cigarettes.

But the UK's 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.

Criticism has centered on the treatment of people buying alcohol and tobacco to pass on to friends on a 'not for profit' basis. The Commission believes that in such cases the seizure of property is a "severe and intrusive sanction" and totally disproportionate to the "minor offence" in question. As a result, the Commission has decided to take the UK government to the European Court of Justice, which will rule on the legality of the government's policy. The government could be told to rectify the situation, and fined.

Speaking after the announcement today, East Midlands MEP Bill Newton Dunn 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 that must stop.

"The British government has had three years to resolve this issue but has put it off at every turn. Sadly this case is too late for those who have already 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