French Customs Code
In forceI.-For the purposes of applying 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 EU 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 European Union Customs Code and its implementing regulations, and with a view to detecting fraud, customs officers may, at any time, board and visit any vessel in the maritime zone of the customs radius, or in the zone defined in Article 44a under the conditions set out in that same Article, or travelling on inland waterways.
II - When access to the vessel is materially impossible or when in-depth investigations that cannot be carried out must be carried out on board, customs officers acting as sea captains may order the vessel to be diverted to a suitable position or port.
III - Each inspection takes place in the presence of the ship's captain or his representative.
When the survey concerns premises used for private or residential purposes, the survey is carried out in the presence of the occupier of the premises. In the absence of the occupant of the premises, Customs officers may only carry out the inspection in the presence of the master of the vessel or his representative.
IV-A report is drawn up for each inspection, detailing the inspection operations, a copy of which is immediately given to the ship's captain or his representative and to the occupier of the private or residential premises inspected.
V.-The occupier of the private or residential premises inspected may appeal against the conduct of the inspection operations to the First President of the Court of Appeal for the location of the Customs Directorate responsible for the department responsible for the procedure.
The minutes drawn up at the end of the inspection operations shall mention the time limit and the appeal procedure. The parties are not required to instruct a lawyer.
VI-The appeal 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 minutes. This appeal does not have suspensive effect.
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 lodging an appeal 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.
