By Henrietta Billings - 19th October 2004
The European Commission has announced that it will take the UK to court over what it sees as "disproportionate penalties" applied to 'booze cruise' trips by Britons.
The decision to go to the European courts is the culmination of a three year battle over Britisg Customs interpretation of EU rules applied to UK citizens crossing the channel for cheaper excise duties on alcohol and tobacco.
Brussels is concerned about the "disproportionate penalties" applied to people who bring in alcohol and tobacco and then sell it on a not for profit basis to friends and family.
UK customs authorities seize the goods, according to the commission, which are then not given back. And vehicles used for the transport of goods can also be confiscated.
"I understand any member states' need to fight fraud but the commission simply cannot accept penalties that are so disproportionate that they interfere with the rights given to EU citizens by the internal market rules to go shopping in other member states," said internal market chief Frits Bolkenstein.
"Regrettably the UK has failed to change its practices, despite our formal request to do so. It is therefore time to ask the Court to consider this matter."
UK labour MEPs defended the British position saying UK customs officials target smuggling gangs, and the number of seizure cases is relatively small.
"Instances of seizure of goods and property by UK customs occur approximately one in every 1000 people, when the rules have clearly been exploited," said Peter Skinner.
"We must remember that 14 million people cross the channel every year without problems. Only 1% of appeals are upheld by the courts."
"Often these are the cases of smuggling by highly organised criminal gangs. The avoidance of duty, buying for other people, or selling on the goods is a huge issue for the UK."
Brussels said that the UK authorities have indicated that they are planning on changing their system within the next two weeks, but the commission is not optimistic.
"They have personalised this to a regrettable extent and if the UK authorities do after all make the changes which we have requested them to do, we would be very happy and we wouldn't have to go to court."
"But thus far we have seen absolutely nothing concrete to suggest do intend to change their "disproportionate penalties."
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