Clarifying the issue on bringing tobacco to EU

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  • precious007
    Banned Users
    • Sep 2010
    • 5885

    Clarifying the issue on bringing tobacco to EU

    The thread I started yesterday got all messed up again by all sort of confusing ideas about bring tobacco in the European Union.

    Below I will post information to clarify the whole issue and the Information is taken from European Commission Taxation and Customs Union

    For buying tobacco from non-EU member states:



    Excise product
    Amount
    Tobacco products (a)(c)
    Each Member State decides on the limit applicable:
    200 cigarettes or 40 cigarettes;*
    100 cigarillos or 20 cigarillos; *
    50 cigars or 10 cigars; *
    250 grams of tobacco or 50 g smoking tobacco*
    * Each amount represents 100% of the total allowance for tobacco products and any combination of those products must not exceed 100%. Example: 100 cigarettes + 50 cigarillos = total allowance
    Alcoholic beverages (a)
    a total of 1 litre of alcohol and alcoholic beverages of an alcoholic strength exceeding 22% vol, or undenatured ethyl alcohol of 80% vol and over (b); or
    a total of 2 litres of alcoholic beverages of an alcoholic strength not exceeding 22% vol.(b)
    a total of 4 litres of still wine, and
    16 litres of beer (only for VAT and excise duty)
    Fuel
    In any means of motor transport, the fuel contained in the standard tank; and
    a quantity of fuel not exceeding 10 litres contained in a portable container.
    Other goods (including perfume, coffee, tea, electronic devices etc.)(a)
    Up to a value of €430 for air and sea travellers
    Up to value of €300 for other travellers
    The value on an individual item may not be split up.
    The value of personal luggage (i.e. suitcases) and medicinal products for the personal needs of the traveller do not count.
    Member States may reduce the above limits to € 150 for travellers under 15 years.
    a) Allowances concerning tobacco and alcohol do not apply in the case of travellers under 17 years of age.
    b) Each of these amounts represents 100 % of the total allowance for alcohol and alcoholic beverages (see Art. 9 (2) of Directive 2007/74/EC),
    c) Cigarillos are cigars of a maximum weight of 3 grams each.
    In this context, imports are regarded as having no commercial character if they take place occasionally and consist of goods for the personal or family use of the travellers, or of goods intended as presents.
    The limits laid down in the table above also apply if you come from
    Canary Islands,
    Channel Islands,
    French Overseas Departments
    Aland Islands
    Gibraltar
    Helgoland
    Büsingen
    Ceuta and Melilla
    Livigno
    other territories where VAT and EU excise provisions do not apply.
    EU legislation concerning allowances for travellers can be found in Council Directive 2007/74/EC of December 2007 (as far as VAT and excise duties are concerned) and in article 41 of Regulation 1186/2009 as far as customs duties are concerned.
    In spite of these rules the importation of goods may be restricted or prohibited in accordance with specific Community and or national legislation.
    Do you intend to purchase excise products (e.g. wine, spirits and tobacco products such as cigarettes, etc) over the internet? See the list of frequently asked questions.
    New rules for import in travellers' personal luggage
    New rules on duty and tax free imports entered into force on 1 December 2008. See Council Directive 2007/74/EC of 20 December 2007 and Council Regulation 274/2008 of 17 March 2008 , which since 1 January 2010 has been replaced by Council Regulation 1186/2009 of 16 November 2009 . See also the press release (IP/08/1845 ).
    Travellers entering the EU from other countries now benefit from increased savings when importing goods into the European Union in their personal luggage. Member States have also reduced administrative burdens by renouncing the collection of relatively small amounts of duty. Travellers' allowances are the monetary thresholds or the quantitative limits under which travellers entering the EU from third countries are allowed to import duty and tax free in their personal luggage.
    The rules in force since 1 December 2008 have
    increased the current monetary threshold from €175 to €430 for air and sea travellers and to €300 for land and inland waterways travellers; the lower threshold for the latter takes account of the special situation of Member States that have land borders with countries where prices are significantly lower than in the EU;
    abolished the quantitative limits on perfume, eau de toilette, coffee and tea (which means that such items now come under the monetary threshold);
    increased the quantitative limit for still wine from 2 to 4 litres;
    introduced a quantitative limit of 16 litres on beer imports (only for VAT and excise duties given that beer is customs free);
    given Member States the option of reducing the quantitative limits on tobacco products (e.g. for cigarettes: from 200 to 40) in support of health policies.

    More http://ec.europa.eu/taxation_customs...lers/enter_eu/

    For buying tobacco from another Member State:

    Buying goods in another Member State

    There are no limits on what private persons can buy and take with them when they travel between EU countries, as long as the products purchased are for personal use and not for resale, with exception of new means of transport. Taxes (VAT and excise) will be included in the price of the products in the Member State of purchase and no further payment of taxes can be due in any other Member State.
    Tobacco and alcohol
    However, special rules apply in the case of goods subject to excise duty, such as alcoholic beverages and tobacco products. If a private person purchases such products in one Member State and takes them to another Member State, the principle that no excise duty has to be paid in the Member State of destination only applies if the goods are
    for the own use of the traveller or his family and
    transported by himself.
    To determine whether these products are for the own use of the traveller, Member States must take account of all the relevant factors. These include:
    The commercial status of the holder of the products and his reasons for holding them;
    The place where the products are located or, if appropriate, the mode of transport used;
    Any document relating to the products;
    The nature of the products;
    The quantity of the products.
    As to the last element, Member States may lay down guide levels, solely as a form as evidence, which cannot be lower than the following quantities:
    a) Tobacco products
    cigarettes 800 items
    cigarillos (cigars weighing not more than 3 g each) 400 items
    cigars 200 items
    smoking tobacco 1.0 kg
    b) Alcoholic beverages
    spirit drinks 10 litres
    intermediate products 20 litres
    wines (including a maximum of 60 litres of sparkling wines) 90 litres
    beers 110 litres

    Travelling within the EU via Switzerland (or other non-EU countries)
    If you travel from one EU Member State to another through Switzerland (or another non-EU country), you may carry goods for personal use without border formalities as long as the thresholds set out for the entry into Switzerland/re-entry into the EU are not exceeded. If you carry quantities exceeding those thresholds, declare them when entering Switzerland and when re-entering the EU. In Switzerland you may be requested to provide a financial guarantee which you get back when you leave the country with the goods. On re-entry into the EU you must declare these goods. No duties apply if you can prove that they come from another EU country and are intended for personal use (see article 323 of Regulation (EC) No 2454/93 on page 111).
    Buying excise products over the Internet
    Do you intend to purchase excise products (e.g. wine, spirits and tobacco products such as cigarettes, etc) over the internet? See the list of frequently asked questions.

    New Means of transport
    Where new means of transport are purchased in another Member State, special rules apply, and the purchase is taxable in the Member State of registration of the means of transport, rather than the Member State in which it is purchased.
    Other information for travellers
    The brochure "Travelling in Europe" provides practical information for tourists travelling within the EU. You will find information on documentation, shopping, driving, healthcare, communications, weather, public holidays, cultural events and help if things go wrong.
    Travelling by air: baggage controls in the European Union
    You may find background information on baggage controls of passengers entering or leaving the EU in this information document.

    more http://ec.europa.eu/taxation_customs...u/index_en.htm

    :^)
  • khalid
    Member
    • Aug 2010
    • 348

    #2
    Precious, it is not going to be possible to clarify an issue that is as anomalous and open to interpretation as this. The main question is, does your member state determine that Snus is an exise good. It may do and it may not do, depending on interpretation.

    In the U.K, as it currently stands, it has been deemed to not be an exise good.

    Comment

    • precious007
      Banned Users
      • Sep 2010
      • 5885

      #3
      there's no law in Romania that makes difference between DIP or SNUS

      that says it all

      and whilst the law says it's an exise good for tobacco brought from US

      no one is allowed to bring more than 50 grams per package

      weird

      above I have just outlined the EU laws for bringing in tobacco to EU from both member states and from non-member states. (if UK happens to have different laws other than the ones stated above, which I highly doubt because I have been 4 times with them on the phone, then why don't you call them and make sure of an exact law on tobacco. Because just assuming is not enough

      Comment

      • Snusdog
        Member
        • Jun 2008
        • 6752

        #4
        Precious

        where do you keep getting this 50g limit for US to EU sales

        Above you cite in bold the limit is 250g and then that is only the duty free limit. After 250g you will have to pay duty or risk having your package seized.

        In every definition section of every EU law I have read snus is legislated as "oral tobacco" when it is not specifically and additionally regulated. It is never treated as loose leaf roll your own tobacco nor is tobacco ever treated as merely generic. Snus has its own EU commodity code and falls under the oral subheading.

        There is no commodity code for tobacco. Tobacco is always sub-categorized. Leaf or prepared. Then smoking or non smoking. Then oral, cosmetic, extracts, chewing, dry, and so on

        Furthermore the law you cite has nothing to do with shipping but only what you carry on your person as you step off the plain.

        The part you left off in your above post is incredibly important. It defines the relevance of everything else you posted. Here it is:


        Customs and tax allowances for travellers
        If you enter the EU from a non-EU country, goods having no commercial character in your personal luggage can be imported free of customs duties, VAT and excise duties within the following limits:


        Each Member State decides on the limit applicable:
        • 200 cigarettes or 40 cigarettes;*
        • 100 cigarillos or 20 cigarillos; *
        • 50 cigars or 10 cigars; *
        • 250 grams of tobacco or 50 g smoking tobacco*
        When it's my time to go, I want to die peacefully in my sleep, like my uncle did....... Not screaming in terror like his passengers

        Comment

        • precious007
          Banned Users
          • Sep 2010
          • 5885

          #5
          Furthermore the law you cite has nothing to do with shipping but only what you carry on your person as you step off the plain.
          I know as a matter of fact, I've seen the European legislation with my own eyes and read it through.

          and yep, what I posted above refers to transporting tobacco into E.U by crossing borders.

          The legislation I've read clearly states that a 50 grams of tobacco is admitted through packing. And I called the national customs office in Romania and told me that the tobacco quantity in the packages (ordered) online and brought in EU has always been smaller than the amount you can cross borders with and will always be.

          and dog, if you notice there is stated a 50 grams of "smoking tobacco" in the luggage. (believe me the law says there is a maximum of 50 grams admitted through mail packages) just call the customs and ask any time, they will tell you the same thing, even if it's not written anywhere online.

          As far as romania goes, tobacco is not divided into numerous types, SNUS or DIP or CHEW would count as tobacco, that's what I've been told and that's what I can see on the EU custom's site. That they don;t mention anything about SNUS or DIP or chew. They use the term tobacco or smoking tobacco.

          The easiest way to make that there is a maximum of 50 grams admitted just call in the UK customs office.

          250 grams crossing borders from any non-eu country
          50 grams through mail orders.


          It's clear for me at least for now


          Above you cite in bold the limit is 250g and then that is only the duty free limit. After 250g you will have to pay duty or risk having your package seized.
          Let me ask you a question, have you ever traveled in Europe?

          Because if you did I am sure you were never allowed to bring more than one cartoon of cigarettes (10 packs) , 50 cigars or 50 grams of pipe tobacco (i.e DRUM). I have made maybe 100 trips in Europe from non-EU member countries and I can tell you that for sure.

          The law above clearly states that YOU ARE NOT ALLOWED TO BRING MORE THAN 250 GRAMS (no matter the case) .... it doesn't mean that you can bring 100 kg's and pay duties on it. By all means it does not mean that

          250 grams, end of the story. What is above 250 grams is all confiscated, trust me

          and you know what?

          this is a bit of topic. But Romania doesn't even allow sending tobacco to non-EU member countries (just as a side-note) You are simply not allowed. I've asked twice.

          As a matter of fact, everyone in the EU WILL have problems with packages from U.S and I am pretty sure about it, but lets just wait and see what happens. . I am still not clear about the EU to EU sales but after what you have posted before I'm starting to think that carrying loads of amount of snus between EU borders can get you into deep trouble.

          Bottom, line snus might probably be history for me in a couple of months because I have no way to LEGALLY bring snus into my country. I would spend 500 euros to get 2 rolls of snus and I will not start making 10 orders a month to get my snus. I'd rather stick with US order and have dip or quit oral tobacco altogether.

          Comment

          • pris

            #6
            I thought Dog had hammered all this out for us?

            Can't we just chill and snus what we have left in our stocks and hope for the best? We at least have GN on our side and that seems to be working out perfectly.

            All this continuing speculation stresses me :/ and I don't think we will ever have an absolutely definitive answer as it doesn't exist.

            Just my 2 penneth anyway.

            Comment

            • muddyfunkstar
              Member
              • Aug 2010
              • 967

              #7
              I agree. All this isn't helping.

              Comment

              • precious007
                Banned Users
                • Sep 2010
                • 5885

                #8
                just a few notes for sales EU to EU

                4. Postal packages received from other EU countries

                4.5 Can I receive alcohol and tobacco from
                the EU?
                If you receive alcohol and tobacco by post on a commercial basis this is known as 'distance selling', and there is a liability to both excise duty and import VAT. The sender should have made prior arrangements to account for these taxes no later than the date of despatch from the exporting Member State. It is in your own interests to ensure these arrangements have been completed otherwise the goods may be liable to forfeiture. You can find more information about this in Notice 203 Registered Excise Dealers and Shippers, and on our website.

                If you receive goods that are for your own personal use, for example, a gift from another person, or you have posted them to yourself from another EU Member State, there will be a liability to excise duty but not import VAT. The UK excise duty must again be secured before the goods are sent, using the ‘distance selling’ procedure. If you are in doubt about the duty liability of goods you have received you should contact the Excise Helpline on 0845 010 9000.

                they don't mention anything about the quantity allowed per package though.

                http://customs.hmrc.gov.uk/channelsP...yType=document

                muddy you just a non-believer sorry but that's the truth

                I am posting exact laws here, not kidding around lol

                Comment

                • pantaqruel
                  New Member
                  • Mar 2011
                  • 11

                  #9
                  Please note, that within EU members regulation is written only about smoking tobacco. Snus is not for smoking, so there should be no limitation

                  Ok, ok, I know...

                  Comment

                  • muddyfunkstar
                    Member
                    • Aug 2010
                    • 967

                    #10
                    *bites tongue, steps away from the thread*

                    Comment

                    • pantaqruel
                      New Member
                      • Mar 2011
                      • 11

                      #11
                      Originally posted by precious007
                      Bottom, line snus might probably be history for me in a couple of months because I have no way to LEGALLY bring snus into my country. I would spend 500 euros to get 2 rolls of snus and I will not start making 10 orders a month to get my snus. I'd rather stick with US order and have dip or quit oral tobacco altogether.
                      Don't you have any bus route from Romania to Sweden? Travel routes? Make a friendship with the driver, you will manage..

                      Comment

                      • khalid
                        Member
                        • Aug 2010
                        • 348

                        #12
                        Originally posted by muddyfunkstar
                        *bites tongue, steps away from the thread*
                        Wise man, I think I will join you.

                        Comment

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