In what context does this decision of the Council of State take place?
At the time when Gérald Darmanin was our supervisory minister [délégué à l’action et aux comptes publics, ndlr], it was decided to work on the scourge of the parallel market. One of the methods was to lower the authorized threshold from five cartridges to just one per consumer, coming from another country in the European Union.
The priority was public health and the fight against this parallel market, facing tax losses of 3 to 6 billion euros for the State. Knowing that we were going a little outside of European standards, Gérald Darmanin took the necessary legislative steps to validate it in France.
Unfortunately, we were rejected from the start by Europe, in the name of freedom of movement. We knew that when we go out of our way, we end up being caught by the patrol. We’re in.
What will happen now?
We are in a situation of renegotiation. We are awaiting feedback from the State on this subject. But the position of Philippe Coy, president of the national confederation, is shared by other European colleagues. Some consider that our decision is good for public health and tax revenues, and that it should rather be confirmed than set aside for obscure legislative reasons! This is the case of Italy. Let’s not forget that beyond its borders, where a few operators gorge themselves, they have the same parallel market constraints…
What concrete effects on the Franco-Italian border?
Unfortunately, our Riviera customer friends have not yet taken note of the decision [de limiter le nombre de cartouches, ndlr]. This tool is not well known enough. Customs are doing what they can. And when you get caught, it hurts! If you are checked with more cartridges than the authorized limit, you are likely to be penalized with a fine of 75 to 350€ euros.
In the event of a repeat offense, this can lead to much more severe criminal fines and seizure of the vehicle. A customer went to Italy to buy jars of tobacco: it cost her 350 euros. She won’t do it again.