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2.

To establish that the products referred to in Article 8 are intended for commercial purposes, Member States must take account, inter alia, of the following: 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. For the purposes of applying the content of the fifth indent of the first subparagraph, Member States may lay down guide levels, solely as a form of evidence. These guide levels may not be lower than: Tobacco products cigarettes 800 items cigarillos (cigars weighing not more than 3 g each)400 items cigars 200 items smoking tobacco 1,0 kg; Alcoholic beverages spirit drinks 10 l intermediate products 20 l wines (including a maximum of 60 l of sparkling wines) 90 l beers 110 l. Until 30 June 1977 Ireland shall be authorized to apply guide levels which may not be less than 45 litres for wine (including a maximum of 30 litres of sparkling wine) and 55 litres for beer.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-31 · Text as adopted (Official Journal); later amendments are not incorporated in this text.