The Council of State on Friday ordered the Prime Minister to issue “within six months” a decree that could increase the quantities of tobacco that an individual is authorized to bring into France from another country in the European Union. Currently, adults traveling to an EU country are allowed to bring into France 200 cigarettes (1 cartridge), 50 cigars, 250 grams of smoking tobacco and 100 cigarillos. French customs clearly states on their website that these maximum amounts are cumulative.
Relying on European regulations, a French student, a “tobacco consumer”, asked Prime Minister Elisabeth Borne in January to promulgate a decree that increased the maximum import limit into France by an individual “up to 800 cigarettes; 400 cigarillos; 200 cigars and one kilogram of smoking tobacco acquired in another Member State of the European Union”, provided that these products have been acquired for own consumption and not for commercial purposes.
No thresholds or thresholds consistent with European regulations have been established
Having received no response after more than two months, he appealed to the Council of State in May to request “the annulment due to abuse of power of the implicit refusal that had been presented to him,” according to the decision of the Council of State. . In its decision, the Council of State points out that the current thresholds beyond which the possession of tobacco products is considered for commercial purposes are lower than those provided for by European regulations (directive of December 19, 2019).
The Prime Minister can adapt French Law to European Union Law, either by refraining from setting thresholds or by setting thresholds consistent with European regulations, considers the Council of State.
The article of law in question stipulates that “a decree determines the elements that are taken into account to determine whether the products acquired by an individual in another Member State of the European Union and transported to the tax territory are for their own needs.
Source: BFM TV
