France removes the threshold for one carton of cigarettes that an individual was authorized to bring back from another European Union country

At the end of September, the Council of State ordered the government to bring French law into line with European Union law.

To comply with European law, France had to remove the limit of 200 cigarettes, or one carton, that a smoker was authorized to bring back from another European Union (EU) country, according to a decree published Friday March 29 in the Official Journal (PDF document).

“We have completely changed the logic, we no longer rely on volume and cartridge logic at all. Customs officers now have the possibility of relying on a range of clues, to seize and sanction those for whom there is a presumption of trade, and therefore of illegal trade.announced the Minister Delegate in charge of Public Accounts, Thomas Cazenave, during a press point.

Until now, adult individuals traveling to an EU country were allowed to bring back 200 cigarettes (the equivalent of one carton), 50 cigars, 250 grams of smoking tobacco, and 100 cigarillos. However, European regulations set personal consumption at 800 cigarettes (the equivalent of four cartridges), 400 cigarillos, 200 cigars and one kilo of smoking tobacco.

The government has chosen not to set a threshold

A student, himself a tobacco consumer, therefore contacted the Council of State, after noting that European regulations set personal consumption at higher thresholds. At the end of September, the Council of State then ordered the government to bring French law into line with European Union law, either by refraining from setting thresholds or by setting thresholds consistent with European regulations.

In the decree, the government chose not to set a threshold. “We have managed to find this new regulatory framework which allows us to be more efficient”summarized the ministerial services, which are pleased to pass “from a logic of quantity to a logic of finality”.

The decree thus strengthens the criteria allowing customs officers to assess whether the person transporting cigarettes has purchased them. “for his own needs”. Will be taken into account in particular “the destination of the holder when it differs from his usual place of residence”, “the economic activity of the holder” or the location of the products in the vehicle.