French Customs Code
In forceI. - For the purposes of this Code, Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls of cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005, Chapter II of Title V of Book I of the Monetary and Financial Code and Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the Customs Code of the Union and its implementing regulations and with a view to investigating fraud, customs officers may access and visit any vessel in a port, in a roadstead or alongside a quay.
II. - When the inspection concerns vessels that have been in a port, in a roadstead or alongside a quay for less than seventy-two hours, it is carried out in accordance with the conditions laid down in Article 62.
III. - A. - When the survey concerns ships which have been in a port, in a roadstead or at berth for at least seventy-two hours, it is carried out in the presence of the master of the ship or his representative.
B. - When the visit concerns premises used for private or residential purposes, it may only be carried out, in the event of refusal by the occupier of the premises, after authorisation by the liberties and detention judge of the judicial court in the location of the customs department responsible for the procedure.
The visit is carried out under the supervision of the judge who authorised it. When the visit takes place outside the jurisdiction of the judge's own court, the judge issues a letter rogatory to the liberties and detention judge of the court within whose jurisdiction the visit is taking place.
The judge may visit the premises during the visit.
He may decide to suspend or stop the visit at any time.
The order is enforceable on the basis of the minutes alone.
The order is notified orally and on the spot at the time of the visit to the occupier of the premises or, in his absence, to the master of the vessel or his representative, who receives a full copy against receipt or by entry in the minutes provided for in V.
The time limit and means of appeal are stated in the order.
The order may be appealed to the First President of the Court of Appeal. The parties are not required to instruct a lawyer.
IV. - A report is drawn up for each visit, detailing the inspection operations, a copy of which is immediately given to the master of the vessel, his representative and the occupier of the private or residential premises visited. A copy of the report is sent to the liberty and custody judge within three days of it being drawn up.
V. - The occupier of the premises used for private or residential purposes visited may lodge an appeal against the conduct of the inspection operations with the First President of the Court of Appeal for the location of the Customs Directorate responsible for the department responsible for the procedure.
The report drawn up at the end of the inspection operations shall mention the time limit and means of appeal provided for in section VI. The parties are not required to instruct a lawyer.
VI. - Appeals against the order of the liberty and custody judge provided for in III and against the conduct of the inspection operations provided for in V must be lodged exclusively by declaration delivered or sent by registered post to the court registry within a period of fifteen days. This period runs from the date of delivery or receipt of the report. These appeals are not suspensive.
VII. - The order of the First President of the Court of Appeal may be appealed to the Court of Cassation in accordance with the rules of procedure without representation. The time limit for an appeal to the Court of Cassation is fifteen days.
VIII. - The Code of Civil Procedure applies subject to the provisions of this Article.
IX. - During the inspection of the vessel, articles 60-6, 60-7 and 60-9 are applicable to the goods and persons on board.
X. - The fact that the inspection operations reveal offences other than those mentioned in I of this Article does not constitute a cause for invalidity of the incidental proceedings.
