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Local Euro MP cautiously welcomes UK-Commission customs deal to allow holidaymakers to bring back alcohol and tobacco without fear of their car being confiscated
May 9, 2006 5:21 PM
A local Euro MP, who has campaigned against the heavy handed attitude of UK Customs towards people bringing back tobacco and alcohol from their holidays, has given a cautious welcome to the news that the European Commission and the UK Government had settled a long-running battle over customs rules.
Diana Wallis, Liberal Democrat MEP for Yorkshire & the Humber, has campaigned on behalf of local people on this for several years appearing on local radio and television. She said in Brussels today:
"The Government has finally conceded that its indiscriminate policy of seizing vehicles if it suspects the owner of importing tobacco and alcohol, other than for their own use was unfair.
"My office will testify to the number of phone calls, letters and emails we have had from people on perfectly legal, so-called "booze cruises", who have had their vehicles confiscated at great expense and inconvenience".
However, the burden of proof will remain with travellers to convince Customs officers that the goods that they are bringing in to the UK are for "own use".
Diana Wallis, a member of the Parliament's Legal Affairs Committee, said about the burden of proof issue:
"The European Parliament specifically voted in 2005 to reverse the burden of proof, so that Customs officers would be responsible for showing that the goods being imported were not for own use."
"This deal should lead to a change in behaviour by customs officers. I sincerely hope that it will. But if I receive further complaints from people in the region I will be taking up the campaign with the European Commission again".
Notes
After lobbying the UK Government over this problem with no results, Mrs Wallis took up the issue with the EU Commission. The Commission has recently declared that it has concluded its negotiations with the UK Government under the Article 226 infringement procedure. Failure to reach a deal would risk the case being referred to the EC European Court of Justice.
On 8 June 2005, the European Parliament adopted the Rosati report on the proposal for a Council directive amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products. The Parliament voted an amendment to the Commission's proposal to reverse the burden of proof:
'2. The products referred to in Article 8 shall be deemed to have been purchased by private individuals for personal use, unless it can be proven that they are intended for commercial purposes, taking account of the following:
a) the commercial status of the holder of the products and his reasons for holding them;
b) the place where the products are located or, if appropriate, the mode of transport used;
c) any document relating to the products;
d) the nature of the products;
e) the quantity of the products.
The Commission shall review and assess the guide levels previously in force used as guidelines by national competent authorities in their task of evaluating the commercial or non-commercial nature of products.'
The Council of Ministers has yet to adopt the amending Directive, so the burden of proof remains entirely on the traveller
The European Commission can always re-open proceedings should complaints from UK citizens continue.
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