Thursday 27 September 2012

smokes sold here

NEW from 1st October 2011. TOBACCO guidelines for personal use - 800 cigarettes (was 3,200), 200 cigars, 400 cigarillos, 1 Kg smoking tobacco (was 3 Kg).

February 2012 - Fightback! Our friends at Smoking Hot continue with their great work. Why not print these leaflets and give them to fellow shoppers / leave them on the ferry etc?. nothing-2-declare.blogspot.com
We found it easier to download the pdf (opens up after download) - Back / Front.
April 2011 - We now know officially that Customs have imposed limits on the amounts of British tobacco that can be exported to E.U. countries. "The quota being supplied now is equal to what was sold to Belgium (and Luxembourg) in the period September 2009 and August 2010. The difference is that the quota is divided into equal monthly amounts. There is no distinction into seasonal rushes or quiet periods. According to Imperial, this quota remains for now under Custom's supervision and there is no room for growth." Smaller shops are complaining the bigger suppliers are not supplying them fairly, favouring the bigger shops. We are also getting complaints from shoppers that they are only being sold the popular brands if they buy other brands as well. This creates enormous difficulties for shoppers when dealing the HMRC / UKBA oppressors at Dover and Hull. We have finally aroused the interest of the Commission and will be persuing this case vigorously.
March 2011 - U.K. brands are being supplied again to Luxembourg shops.
October 2010 - Golden Virginia, remains in short supply in Luxembourg. Why is the supply restricted?
Compared to England, tobacco is cheaper in France (tobacco in France), even cheaper in Belgium and much cheaper in Luxembourg. After recent prices rises, prices in Spain are broadly the same as those in Luxembourg, a four hour drive from Calais. Increasingly, wines, beers and spirits are available at reasonable prices as well. Luxembourg has the lowest Excise duties and VAT rates in Europe.
Nearby are the factory shopping centres of Messancy, Metz and in Germany. Don't forget that Belgium has one of the highest concentrations of gourmet restaurants at some truly delightful locations in the world.
In Luxembourg you cannot get Berkeley, Haus Bergmann, Mayfair, and Sovereign.
If arriving by train or have taken a taxi From Hahn airport in Germany, there are many small tabac's near the main station.
August 2010 - Following a large Customs bust when a lorry carrying a huge quantity of Amber leaf bought in Luxembourg, was stopped at Dover, the tobacco companies have been prevailed upon to restrict the sale of English tobacco in Europe. Amber leaf is very difficult to get now. We are making representations to the E.U. about this as it is a clear breach of free trade and good swithin the E.U. Now they are requiring shops in Adinkerke to serve English shoppers with the suggested guidelines only (3000 cigarettes and 3 kg rolling tobacco).
May 2010 - In Luxembourg, Amber Leaf which was 3.30 is now 3.70 euro / Cutters choice was 3.30 now 4.00 euro / Domingo was 2.45 now 2.70 euro.
United Kingdom budget 2010 - Tobacco duty increased from 25th March by 1% above inflation and will then increase by 2% in real terms each year until 2014. www.direct.gov.uk
According to our calculations this means that a packet of cigarettes previously costing £5.60 will in 2014, after the last 2% increase cost 9.33% more in real terms or £6.12. Remember to add in the inflation increase automatically incurred every year.
July 2009 - Luxembourg prices offer good value. GV is £4.25, Cutters is £3.30 and Amber Leaf £3.20.
On average compared with the United Kingdom, cigarettes are now 48.66% cheaper in Belgium, rolling tobacco 73.93%, pipe tobacco 61.46% and cigars 63.81%.
Mug an old lady and keep your car, come back with more than 3,200 cigarettes and lose it - FAIR? More
TAKE CARE! - criminal gangs operate in France and Belgium targeting British cars. More

Golden Virginia now £3.78 a pack in Luxembourg. Cigarettes are about £35.30 a sleeve (January 2011).

Badly we are sorry to report. From the disgraceful press releases and TV appearances of Ministers to actual behaviour at the ports, little appears to have changed despite Court decisions.
Despite the famous Hoverspeed Court victory, much still needs to be done before British citizens enjoy the same rights in Europe as the French, Germans etc. Whilst as foreigners we are free in mainland Europe, we are not sadly when leaving our home country, or on our return to it. This campaign is about putting right that wrong.
This page is dedicated to providing any contact or link which may prove useful in your own personal fight against C and E intimidation and tactics.
Unfortunately HM Revenue and Customs, whilst talking about tackling the Mafia, are spending more time and money criminalising ordinary citizens. Prominent notices on the ferries and at Eurotunnel tell you can buy as much as you like as long as it is for personal consumption. Sadly, the normal British rules of fair play do not operate with British C and E, who can decide your guilt and confiscate your goods and car without any proof whatsoever.
Remember - as European shoppers you are GUILTY until you prove you are innocent (effectively impossible to do!).
What to do if you are bullied or have your car or shopping confiscated
From the latest C and E leaflet
WHAT HAPPENS IF I TRY TO BRING IN TOBACCO OR ALCOHOL WHICH IS NOT FOR MY OWN USE? Those goods will be liable to seizure as will any vehicle used to bring them into the United Kingdom You could also face a fine of up to £5,000 for possessing unmarked tobacco and up to seven years imprisonment on conviction of a smuggling offence.
DOESN'T SOUND SO UNREASONABLE DOES IT? (their words)
Don't Smuggle! - tempting though it may be to bring back more than your allowance to sell and make a bit a of money, you are breaking the law. Sadly the way the guidelines are enforced are distinctly unfair.

Had a response from HM Customs? Send us a copy please.

HELP! - if you have any comments or tips that will help advance the cause of channel shopping, please contact us
From a shopper - what you can expect at our ports.
"I went on my first ever daytrip to France yesterday with my one and only new passport. On the way out we were stopped. Both the coach and people searched by sniffer dog. We then got back on and got stopped again. Then me and five others were taken off and searched. On the way back we were pulled in again. I was questioned in a room on my own but released. Three others had goods taken, and they were not over the guidelines. Makes me afraid to go anywhere again."

The information contained within this web site is intended to act as a general guide only, and does not form any offer or legal contract, whether actual or implied.

Customs and VAT matters are complex, and you should seek practical advice and assistance from a professional source rather than rely on the contents of this web site.

Looking for a coach company which goes to Luxembourg?
Warning! - shops often use a generous exchange rate when working out the Sterling CASH price, so do take plenty of sterling cash when buying tobacco to get the best prices. Whilst you can pay by credit card, bear in mind that the price that shows on your statement will be about 7% more than the sterling prices listed in the shop.
This web site is dedicated to the free movement of people and goods between European nations (whatever HM Revenue and Customs may wish, whose tactics, attitude, assumptions, threats, intimidation and behaviour we condem as illiberal, against the spirit of a National Treaty guaranteeing the free movement of goods and services between European States and against common sense).
Millions of pounds seized from tobacco smugglers over the past eight years will have to be returned because Customs officers unlawfully confiscated their assets, The Independent has learnt.

Revenue and Customs officials are re-examining about 4,000 cases where confiscation orders were granted to seize the assets of people involved in the illicit trade in cigarettes. The agencies face having to pay it all back, plus legal costs and compensation, after failing to notice a change in the law in 2001 which severely restricted who could be targeted for such smuggling.
Since 2005, Customs officers have won 1,840 confiscation orders and recovered £88.6m of assets. It is not yet known how much of this will have to be returned. Yesterday, Her Majesty's Revenue and Customs (HMRC) confirmed it was conducting an urgent review of 4,000 defendants convicted of tobacco smuggling.
The HMRC prosecutions office said: "To date we have reviewed 711 defendants' cases. Of these, we have written to 35 defendants as part of the second stage of the review [those cases where the law has been wrongly applied]. A further 13 convicted defendants have contacted us on learning of the review and we are corresponding with them. By a process of extrapolation from the number of tobacco cases recorded, we project there are a further 3,300 individual defendants' cases to be reviewed."
The blunder first came to light at a court hearing last year when one of HMRC's lawyers realised the statute on who was liable to pay excise duty in tobacco smuggling cases had been changed seven years before. Instead of everyone involved in the crime – whether smuggling tobacco into the UK, transporting it to vendors or selling it – being required to pay tax, the change meant only the masterminds and those who smuggled it would have to pay the duty.
Don Mavin, a tax consultant, is representing two defendants who believe money was wrongly confiscated from them by Customs officers. He said the ramifications of the review could last years, adding: "Some of these people may have have been bankrupted or forced to sell their homes. Many will be considering compensation claims."
His colleague, Mark Taylor, said: "Obviously it's embarrassing for HMRC. It's a mess, a real mess. There is no excuse, whatever way you look at it."
Paul Holmes, the Liberal Democrat home affairs spokesman, described the affair as "a complete farce" and added: "It is staggering to think that not only have people been jailed and lost their homes because of a law that no longer exists, but millions of pounds could end up being paid back to low-level criminals because of sheer incompetence."
The so-called Chambers Review was ordered after the Court of Appeal overturned a £66,000 confiscation order handed to William Chambers, who was caught at a Kent garage where 600kg of illicit tobacco was being held. Mr Chambers admitted knowing it was smuggled but denied bringing it into Britain from Belgium. The confiscation order was withdrawn after an HMRC lawyer realised Mr Chambers was exempted by the 2001 legal change.
Lord Justice Toulson, sitting with Mr Justice Griffith Williams and His Honour Judge Brodrick, said the case raised questions of "substantial constitutional importance" because of the difficulty even for courts to be aware of the law.
Since then, three men who played a small part in distributing hundreds of thousands of smuggled cigarettes have successfully appealed against confiscation orders. Robert Khan, Frank Lockett and Daniel Carrington were each told by Chelmsford Crown Court to pay £35,063 in lost excise duty but the Court of Appeal quashed the charges in April.
Nan Mousley, a solicitor who represented a defendant who successfully challenged a confiscation order for £35,000, said: "Others may have suffered great personal hardship. People have served time in prison."
The Revenue and Customs Prosecutions Office said in a statement yesterday: "Whilst the error is deeply regrettable we were not alone in making it: the same error has been made in academic texts and by practitioners at all levels."
Customs in the dock: The litany of errors
2002 A High Court judge called for whole-scale reform of Customs after a series of trials linked to evasion of £600m of alcohol duty – involving dozens of people – collapsed. The most high-profile failure was at Liverpool Crown Court, where 15 defendants had been accused of evading £84m duty.
2003 Customs was stripped of its authority to carry out prosecutions following a series of high-profile court blunders. Responsibility was transferred to a new, independent body.
2005 Five businessmen accused of evading £120m in VAT on mobile phones were cleared when a judge ruled that Customs had lied to a court and failed to disclose vital evidence. Costing £65m, it was dubbed Britain's most expensive fraud case collapse. A month earlier, a trial of eight people in London collapsed. They had been accused of VAT fraud while importing computer chips.
2009 Customs officials were branded "incompetent and negligent" by a judge at Bradford Crown Court when attempts to confiscate the £4.4m assets of a drug-trafficking ringleader collapsed because they had taken too long to provide the necessary details to the court.
Free Import when travelling within EU
SWITZERLAND


Although there are no limits on the amount of alcohol and tobacco one can bring in from EU countries, customs officials are more likely to ask you questions if you have more than:

Tobacco products:


- 800 cigarettes;

- 400 cigarillos (max. 3g each);
- 200 cigars;
- 1kg smoking tobacco;

Alcoholic beverages:


- 10 litres of spirits over 22%;

- 20 litres of alcoholic beverages less than 22%;
- 90 litres of wine (though no more than 60 litres of sparkling wine);
- 110 litres of beer.
These quantities can be seized if customs are satisfied that they are of a commercial nature.

Free Import quantities when travelling from outside EU


Alcohol and alcoholic beverages

Over 17 years olds can bring (in personal luggage) the following quantities:
• 1 litre of alcohol that does not exceed 22% volume of alcohol, or un-denatured ethyl alcohol 80% volume and over
• 2 litres of alcohol that does not exceeds 22% volume of alcohol
• 4 litres of still wine
• 16 litres of beer.
The passengers can combine the first two types of alcohol as long the alcohol volume does not exceed 100%.
Over 17 years old that belong to the following categories:
• persons residing in the frontier zone (region beyond the expanding borders of the European Union including: Albania, Bosnia and Herzegovina, Croatia, Macedonia, Serbia and Montenegro)
• frontier-zone workers,
• the crews of means of transport used between third countries and the Community,
may bring (in your personal luggage) alcohol in the following quantities:
• 0,5 litre of alcohol exceeding 22% volume, or un-denatured ethyl alcohol of 80% volume and over
• a total of 0,5 litre of alcohol and alcoholic beverages of an alcoholic strength not exceeding 22% volume
• 0,5 litre of still wine
• 2 litres of beer.
The passengers can combine the first two types of alcohol as long the alcohol volume does not exceed 100%.
Note that the consideration of what constitutes frontier countries lies entirely with EU and the list outlined above may change.

Tobacco products


When travelling by air or sea
, over 17 years old can bring tobacco products for personal use only the following:
• 200 cigarettes or
• 100 cigarillos or
• 50 cigars or
• 250 g of smoking tobacco.
Each amount specified in above points will amount to 100% of the total allowance for tobacco products.
When travelling by land
, over 17 years old can bring tobacco products for personal use only the following:
• 40 cigarettes or
• 20 cigarillos or
• 10 cigars or
• 50 grams of smoking tobacco.
Each amount specified in all the points will amount to 100% of the total allowance for tobacco products.

Other goods


• Medication – for personal use only

• Personal items of non-commercial nature worth up to 430 euro when travelling by air or sea
• Personal items of non-commercial nature worth up to 300 euro when travelling by land
• Personal items of non-commercial nature worth up to 150 euro for travellers under 15 years of age.
Non-commercial item are of an occasional nature and consist exclusively of goods for the personal or family use of the traveller, or of goods intended as presents. The nature and quantity of the goods must not be such as to indicate that they are being imported for commercial reasons.

Prohibited


• Meat and milk and any items thereof from non-EU countries with the exception of limited amounts from Andorra, Croatia, the Faeroe Islands, Greenland, Iceland and small amounts of specific products from other countries

• Protected species and products thereof as listed by the CITES (Washington Convention) for example ivory, tortoise shell, coral, reptile skin, wood from Amazonian forests.


Restricted


• pets need to be identifiable (tattoo or an electronic identification system), vaccinated against rabies and have a health certificate. For more information please refer to the nearest embassy.

• maximum of 10 kg of meat, milk and dairy products coming from Croatia, Færøer Islands, Greenland and Iceland
• powdered milk for babies, food for children and special medical food (including pets food) may be allowed if they need not to be refrigerated prior opening and that it is brand packaged food and the packaging has original seal (unless in use at the time) and its quantity must not exceed the weight of 10 kg originating from Croatia, Færøer Islands, Greenland and Iceland, and of 2 kg if originating in other countries.
• fish only if it is disembowelled and does not exceed the weight of 20 kg,
• currency - no restrictions if coming from EU country. Declarable for all travelling outside EU when the amount exceeds 10.000 euro or equivalent in another currency.
• coats, fur and leather shoe
s made of protected animals will need special authorization

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