Chapter Va: Withholding

I.-When the customs administration decides to take a sample, three copies are taken by the customs officers. One is given to the owner of the copyright or related right or his representative, the other is given to the holder or declarant or the representative of one of them and the last is kept by the customs administration. The three samples must, as far as possible, be identical.

The sample is taken in the presence of either the holder of the goods or the declarant or a representative of one of them. The holder of the copyright or related right or their representative may also be present. They shall be informed of the time and place of the sampling and of their option to be present.

In the absence of the holder of the goods or the declarant or the representative of one of them, a witness not belonging to the customs administration shall be requested by two customs officers to attend the sampling.

Where the holder of the copyright or related right or his representative is not present, the sample intended for him may, at his express request and at his expense, be sent to him or to his representative. Where the holder of the goods or the declarant or the representative of one of them is not present, the sample intended for him shall be retained by the administration.

Where a good or object, because of its weight, dimensions, value, nature or the fact that the quantity of product is too small, cannot be the subject of a sample of three samples, the good or object is taken in its entirety and constitutes a single sample, which is given to the holder of the copyright or related right or his representative.

II-Any sample taken is sealed. Each must retain an identification label bearing the following:

1° The surname, first name or company name and address of the holder of the goods or the declarant;

2° Where applicable, the surname, first name and address of the witness required;

3° The surname, first name or company name and address of the holder of the copyright or related right or his representative to whom the sample is given or sent ;

4° The name of the goods;

5° The date, time and place of sampling;

6° The serial number of each sample;

7° The surname, first name and capacity of the official who took the sample and his signature.

III -All samples taken give rise to the drafting of an official report within the meaning of Article 334 of the Customs Code. In addition to the information required by this code, the report includes the following information:

1° The date, time and place of the sampling;

2° The surname, first name or company name and address of all persons who witnessed the sampling;

3° Where applicable, a mention of the absence of the holder of the copyright or related right or his representative and of the fact that he was informed of the time and place of the taking of samples and of the opportunity he had to be present;

4° Where applicable, a mention of the failure or refusal of the holder of the goods, the declarant or the representative of one of them to be present ;

5° A brief statement of the circumstances in which the sample was taken;

6° Identification of the sample or samples and their delivery to their recipient;

7° Where applicable, the sending of the sample to the holder of the copyright or related right or to his representative, for the sole purpose of analysis and with a view to facilitating any action that he may have to take through civil or criminal channels.

The persons present at the sampling may include in the report any statements they consider useful. They are invited to sign the report. If they refuse, this is noted on the report.

A copy of the report is given to each person present during the sampling.

IV.-In the event of legal action by the holder of the copyright or related right, the customs administration retains the samples allocated to it until the case is settled. Depending on the outcome of the civil or criminal action brought by the copyright or related right holder, they are returned either to the copyright or related right holder or to the declarant or a representative of one of them.

Unless circumstances do not permit, the holder of the copyright or related right shall return the samples allocated to him to the customs authorities as soon as the analysis has been completed, and at the latest at the end of their detention.

V.-Where the detention procedure is implemented in respect of goods transported in small consignments, this Article shall not apply.