South West Lib Dem Euro-MP welcomes "Booze Cruise" decision

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

The heavy-handed Customs & Excise position that got the UK Government into hot water with the European Commission.

South West Liberal Democrat Euro-MP, Graham Watson, 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 3200 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, Graham Watson 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. Seizing vehicles and expensive purchases is an extreme punishment.

I have been fighting for justice for my constituents for over three years and am very pleased that the Commission is taking action. 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 my constituents who have had their cars unjustifiably confiscated by customs officials, but at least their right to take advantage of the British designed European single market will be defended."