Section 9: Control of securities

As from the date of entry into force of the Convention signed in Schengen on 19 June 1990, customs officers vested with the duties of head of post or officials designated by them holding the grade of controller or higher may, in an area between the land border of France with the States party to the said Convention and a line drawn 20 kilometres below, as well as in areas accessible to the public in ports, airports and rail or road stations open to international traffic and designated by decree, and in the vicinity of these stations, for the prevention and investigation of offences relating to cross-border crime, to check compliance, by persons whose foreign nationality can be deduced from objective factors external to the person concerned, with the obligations to hold, carry and present the documents provided for in article L. 812-1 of the Code de l'entrée et du séjour des étrangers et du droit d'asile. When there is a motorway section starting in the area mentioned above and the first motorway toll is located beyond the 20 kilometre line, checks may also be carried out up to this first toll at the parking areas as well as at the place of this toll and the adjoining parking areas. The tolls concerned by this provision are designated by order. When this check takes place on board a train on an international route, it may be carried out on the portion of the journey between the border and the first stop that is beyond 20 kilometres from the border. However, on railway lines operating on an international route and with special service characteristics, the check may also be carried out between this stop and a stop located within the next 50 kilometres. These lines and stops are designated by ministerial order. For the purposes of checking compliance with the obligation to hold, carry and present papers or documents provided for in article L. 812-1 of the Code on the Entry and Residence of Foreigners and the Right of Asylum, checks on the obligation to hold, carry and present papers and documents provided for by law may only be carried out for a period not exceeding twelve consecutive hours in any one place and may not consist of a systematic check on persons present or moving around in the areas or places mentioned in this paragraph. The fact that the check reveals an offence other than that of non-compliance with the aforementioned obligations does not constitute grounds for invalidity of the incidental proceedings.

For the purposes of investigating and preventing offences relating to cross-border crime, customs officers vested with the duties of head of post or officials designated by them holding the grade of controller or higher may, within a maximum radius of ten kilometres around ports and airports constituting border crossing points within the meaning of Article 2 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), designated by decree on the basis of the extent of their frequentation and their vulnerability, verify compliance, by persons whose foreign nationality can be deduced from objective factors external to the person concerned, with the obligations to hold, carry and present the documents provided for in Article L. 812-1 of the Code on the Entry and Residence of Foreigners and the Right of Asylum. The order referred to in the first sentence of this paragraph sets the radius around the border crossing point within which checks may be carried out. Where there is a motorway section starting in the zone mentioned in the same first sentence and the first motorway toll is located beyond the limits of this zone, checks may also be carried out up to this first toll at the parking areas as well as at the place of this toll and the adjoining parking areas. The toll plazas concerned by this provision are designated by order. The fact that the verification reveals an infringement other than that of non-compliance with the aforementioned obligations does not constitute grounds for invalidity of the incidental proceedings. For the application of the present paragraph, checks on the obligation to hold, carry and present the papers and documents provided for in the same article L. 812-1 may only be carried out for a period not exceeding twelve consecutive hours in any one place and may not consist of systematic checks on persons present or travelling in the areas mentioned in the present paragraph.