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French customs officers fine lorry driver for 'smuggling' 2kg of tobacco



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Published Date: 15 October 2008
A LORRY driver has hit out after being labelled a smuggler by French customs officials who subjected him to a harrowing ordeal over 2kg of tobacco.
John Erskine, from Armadale, was on his way home through France after a delivery in Spanish capital Madrid when he was pulled over by customs officers at a service station in Nantes.

The French officials demanded to search his lorry and when they
found nothing out of the ordinary, asked if he had any cigarettes.

Mr Erskine told them he had 1000 cigarettes, well below the 3200 limit permitted in EU countries, for his own use which he had bought on the ferry over to Spain.

But he also had 5kg of rolling tobacco – only 2kg over the legal limit anyone is allowed to bring home – which prompted the French officers to say he was smuggling.

"They told me I was getting a 250 euros on-the-spot fine for carrying the tobacco, but I only had 100 euros on me at the time," said the 58-year-old, who suffered a stroke two years ago.

"They forced me to go with them to a cash machine in their car to get the rest of the money, but my card is not set up to be used abroad yet so I couldn't get it.

"They then took me to another bank where the same thing happened. They even marched me into the bank and asked the clerk to give me the cash, but she refused.

"They took my 100 euros, leaving me with no money at all, but I didn't get any paperwork from them so it makes me wonder whether it is legal or not.

"No one can give me a straight answer on this and I'm scared I will be prosecuted again because I'm making the exact same trip in December.

"I've seen customs officials with machine guns in France release the asylum seekers they catch without any charge, so why did they treat me like this for just 2kg of rolling tobacco?"

The driver contacted his local councillor, Isabel Hutton, when he arrived home to complain about the treatment he received.

She said: "I listened with an increasing sense of anger during Mr Erskine's visit to my surgery, where this matter was first brought to my attention.

"I also realised from my discussion that this is a far wider issue for all truck drivers from Scotland and the rest of the British Isles, and that is why I contacted Alyn Smith MEP to seek his assistance at the highest level in Europe.

"Our truck drivers should be able to go about their business without fear of harassment and intimidation."

Mr Smith has now raised the matter with Herve Bouche, the French Consul General, to get answers about Mr Erskine's treatment.

He said: "I have raised this matter with the French Consul General as, after consulting with the Road Haulage Association, apparently they are inundated with complaints from hauliers regarding the conduct of foreign customs officers.

"I have been advised that Mr Erskine was open and co-operative with the customs officers, yet they saw fit to frog-march him to the nearest cash machine to demand the 250 euros fine.

"To be honest, this is by no means the best way to foster good relations if our hauliers are afraid to purchase goods on the continent for fear of being fined."

Tourists are legally allowed to bring home 3200 cigarettes, 200 cigars, 3kg of rolling tobacco and 400 cigarillos from EU countries.





The full article contains 602 words and appears in Edinburgh Evening News newspaper.
Page 1 of 1

  • Last Updated: 15 October 2008 11:08 AM
  • Source: Edinburgh Evening News
  • Location: Edinburgh
 
1

john3,

15/10/2008 12:07:47
Don't buy over your limit then next time.Stroke sufferers should not be smoking anyway. Sounds like a fair le cop.
2

The Hon. Liam Fairtod,

15/10/2008 12:24:52
"Our truck drivers should be able to go about their business without fear of harassment and intimidation."

This is true. Question is should our truck drivers be able to bring home more tobacco than they are legally allowed?
There's a clue in the phrase "legally allowed".

Besides, these limits are meant for tourists who go to the EU on the odd occassion. Not truck drivers who are over every other month.
3

JayDeeTee,

15/10/2008 12:34:07
Sounds like a sensible practice by the police. We should adopt it over here. March the criminals to the bank and withdraw their fine. Crime will drop after that.
4

JT,

15/10/2008 13:11:53
Although he was over the limit, the fact that no paperwork was issued should ring bells. Mind you cant you just see queues at the cash point at 3am with police making the drunks pay on the spot fines???
5

Arrow,

edinburgh 15/10/2008 13:20:50
local councillor's "increasing sense of anger" seems a bit misplaced or is this another opportunity to get her name in the paper. the man is a smuggler. only 2 kgs over but that is 2/3 kg per trip. 6 times a year is 12kgs which can be sold along with the other stuff that he imay have.
why is this man with a dickie ticker driving an HGV? should you have to give in your HGV license if you are liable to shuffle off without warning?
however, i do think the expression used by the MEP when he referred to Mr Erskine being "frog-marched" to the ATM by French police was worthy of a wee smile
6

UPR,

France 15/10/2008 13:22:54
It doesn't sound as if he was caught actually bringing the tobacco into France but rather at a "service station" in Nantes.(nowhere near the border) So what could he be charged with? "Possession of tobacco"?
7

Pupster,

Edinburgh 15/10/2008 13:23:28
What a non story. Man gets fined for bringing in 2kg more tobacco than he's allowed. Here's an idea, next time your bringing tobacco back, just bring what you're allowed.
8

Charles MN,

15/10/2008 13:35:06
It's a pity that neither Erskine nor the EEN hadn't done a little bit of research before going to print.

There is no limit for importation of duty paid goods from any EU country into any other as long as the goods are for your own use and you can prove it. As it is difficult to prove customs give guidelines as to what they consider to be reasonable. This varies from country to country. The quantities given above are those used by UK customs.

French customs are different. My French isn't that great but from this site:

http://www.douane.gouv.fr/page.asp?id=47

I believe you can import 5 cartons of cigarettes or 1Kg of tobacco. Up to 10 cartons of ciggies or 2Kg of tobacco you have to stop at the first customs post and pay tax on the extra. It is forbidden to bring more tobacco into France.

So this guy had 6 times what was permitted.
9

Leithie,

EDINBURGH 15/10/2008 13:38:03
~5 Arrow -why is this man with a dickie ticker driving an HGV?

"the 58-year-old, who suffered a stroke two years ago."

A stroke is not related to the heart it is the brain.
Perhaps he's been given the all clear to drive, ASAIK you do have to report it to the DVLA if you have a stroke.
10

Decent,

15/10/2008 13:48:16
Is he selling any cheap fags?
11

Thomas the Tank,

Edinburgh 15/10/2008 13:53:17
#8 - Good point - the French have quite a tobacco growing industry of their own, (pretty rank stuff - ever smelled a Gauloise?)so they're very sensitive about imports. What free-trade? - EU rules only apply to mug-Britain. And #5 - bet the MuppetMEP is cringing over that little froggy faux-pas - thought all such expressions were banned by the pc police!
12

Alternative (High-Octane) Fuel Head,

Edinburgh 15/10/2008 14:16:37
#2:

"There's a clue in the phrase "legally allowed"."

You are "legally allowed" to take any amount of tobacco and/or alcohol between EU states. What this man did was to break the guidelines, not the law.

And the fact that the "supposed" French police did not give him a receipt and settled for a fine of less than the original amount suggests that something is very badly wrong.

Lets face it, if our tobacco duty wasn't so criminally high compared to other EU countries, this kind of thing wouldn't happen.
13

Willie,

15/10/2008 14:28:27
#8
Quite correct the rules in France are not the same as UK.
They have had significant problems with the import of cheap tobacco and have cracked down on smuggling.
If you go to other peoples countries you learn the rules. Fact.
The Councillor could have researched on the internet and found the truth as could EEN.
Sadly opening your gob and puting your size 9s in it is a disease that besets all politicians from No 10 to community councils.
No sympathy and totally non story!!
14

The Hon. Liam Fairtod,

15/10/2008 14:34:37
#12 I apologies. I was going with the wording in the article, maybe it was foolish of me to take the EENs word for it.
Although the chap at #8 suggests it's more than just a guideline.

You're right that is sounds a bit suss. But if he did break the rules, he shouldn't be whining to his councillor, they shouldn't be getting involved and it definitely shouldn't be in the paper.
15

danbob,

15/10/2008 15:43:47
5# LOL Spot on.
16

Vote UKIP,

15/10/2008 16:38:58
Another good reason for Britain to leave the EU.

All you need to do is put your mark next to the UKIP candidate on next year's euro election ballot paper and we'll do the rest!
17

invictager,

Kent 15/10/2008 17:38:22
#12
I am also sure it is only a guideline.

Besides, where were French customs when tons of the stuff was being smuggled into the UK from France every day.
Oh sorry that was when France was getting the money not losing out.
18

Alternative (High-Octane) Fuel Head,

Edinburgh 15/10/2008 19:01:27
I somehow don't think that the French have the same temptation to transport tobacco into the country from member states as those in the UK do.

At the end of the day, everyone chose to become members of the EU and thereby accepted that dutyable goods may be legally transported between member states with no penalty and in any amount, provided it is for personal use.

The legal problems come when you start selling the stuff. That is why the guidelines were introduced. Even if you exceed the guideline amount, you are still not breaking the law, although it then becomes justification for the authorities to look at you a little more closely, which I suppose is fair enough.

I am still concerned at the circumstances of the fine. The French authorities will escort you to a cash machine under some circumstances, but they will ALWAYS give you a receipt and the amount of the fine is laid down in law. They can't just say "we'll take what you've got". They have to go through official procedures if someone cannot raise the cash for the fine. Those procedures often involve impounding vehicles, for instance.
19

Saoghal Beag,

15/10/2008 19:48:33
Laithie, both strokes and heart attacks can be caused by high blood pressure and that induced by smoking. not so unrelated really.
20

We'd welcome a chase.,

France 15/10/2008 22:29:35
What a load of merde some of youse parler.
according to the French customs site, you're allowed 1000 fags OR 1, yes ONE kilo of tobacco.
I wonder how many times he's got away with it up tae now. Chancer.
- Vous pouvez ramener 5 cartouches de cigarettes (soit 1 kg de tabac) sans posséder de titre de mouvement.
21

Dragonhead,

Dalian,China 16/10/2008 04:38:50
He should have had a truck load of illegals in the vehicle.They would probably have waived him through!Seriously now.This gentleman has had a stroke two years ago. He is a time bomb waiting to happen again!He should in no way,shape or form be driving, let alone an HGV vehicle!
On the tabacco question?Serves him right.All the indications are that they were not for his own use either. A fag smoking stroke victim, wait for the headlines on the road tragedy which is almost certain to occur.
22

DeniseX,

16/10/2008 11:46:06
#12. You are correct. It is only a guide line. You are allowed to bring back as much as you like, 'providing you can prove that it is for your own use', which can be very difficult to do. I have a letter from Border Control to that effect.
The French are annoyed, because we are going through France to buy our tobacco products in Belgium and Spain, to avoid the higher tax rates in France.
There also criminals in France trying to rob us Brits of our tobacco products.
23

Rob Simpson,

16/10/2008 15:11:55
What I find most appalling about all of this is the attitude displayed by some of the people on this thread. It appears that smokers have truly become second class citizens and that nothing the authorities do to them is ever bad enough.

Put yourself in his position, imagine being marched to the bank by two coppers for something that isn't actually an offense and see how you like it.
24

DeniseX,

16/10/2008 19:06:21
#23 Rob.
I agree, we shouldn't be fighting one another, we should be fighting together. I wonder how many have noticed the addition of subjects on the right hand side?
We now have, not only opinion and more Scotland, but also more health, more tobacco, more alcohol, more obesity. Adolf Brown is going for the perfect (healthy) race.
United we stand, divided we fall.

 

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