I. – Article 60 of the same code is replaced by the following provisions:
« Art. 60. – For the application of this code and with a view to detecting fraud, customs officers may inspect goods, means of transport and persons under the conditions provided for by this article and by articles 60 -1 to 60-10.
“These provisions are applicable for the implementation of the provisions of 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)
« Art. 60-1. – Customs officers may proceed, at any time, to the inspection of goods, means of transport and persons found or circulating in the following areas and places:
“1° The land area within the customs area defined in Article 44;
“2° The customs offices designated pursuant to Article 47;
“3° The ports, airports and rail or road stations open to international traffic, designated by order of the Minister responsible for customs, as well as in the vicinity of these places;
“4° The parking areas of the motorway sections starting in the zone mentioned in 1° and going as far as the first toll booth located beyond the limit of this zone as well as the place of this toll booth and the adjoining parking areas;
“5° Trains making an international connection, on the portion of the journey between the border and the first stop which is beyond the limit of the zone mentioned in 1°. However, on those of the railway lines carrying out an international connection and presenting particular characteristics of service, the visit can also be operated between this stop and a stop located within the limit of 50 kilometers following. These international railway lines and stops are designated by order of the Minister responsible for customs.
« Art. 60-2. – In case of plausible reasons to suspect the commission of an offense mentioned in section 1 of chapter VI of title XII, in chapter IV of title XIV of this code and in chapter II of title V of book Iis of the Monetary and Financial Code, customs officers may also, at any time, inspect goods, means of transport and persons found or traveling on public roads and adjoining places directly accessible to the public as well as in ports, airports, railway or bus stations and trains other than those mentioned in article 60-1. These provisions also apply to the attempt.
« Art. 60-3. – After having informed the public prosecutor and unless opposed by this magistrate, customs officers may proceed, at any time, to the inspection of goods, means of transport and persons located or circulating in the places mentioned in article 60-2, for the investigation of only customs offenses relating to the goods mentioned in articles 215 to 215 ter, in 6° of Article 427, to goods shipped under a suspensive regime, as well as the offenses provided for in Article 415 when the financial transactions relate to funds resulting from these same offenses or offenses once morest the legislation on substances or poisonous plants classified as narcotics. These provisions also apply to the attempt. If the person concerned requests it, as well as in cases where the visit takes place in his absence, a report describing the progress of the control operations is drawn up and a copy is given to the person concerned as well as to the public prosecutor. Republic.
« Art. 60-4. – For the purpose of inspecting goods placed under customs supervision pursuant to Article 134 of Regulation (EU)
« Art. 60-5. – With the exception of those carried out in customs offices, inspection rights can only be implemented for a period not exceeding, for all operations, twelve consecutive hours at the same place and cannot consist of a systematic check of the people present or circulating in the places mentioned in Articles 60-1 to 60-4.
« Art. 60-6. – The visit of persons may consist of patting down or searching their clothes, their luggage, as well as all other personal effects, excluding any strip search.
“It may also consist, with the written consent of the person, in carrying out screening tests for substances or plants classified as narcotics.
“These operations are carried out under conditions ensuring respect for the dignity of the person. Whenever circumstances permit, they are performed out of sight of the public.
« Art. 60-7. – Customs officers may only immobilize means of transport and goods or keep people at their disposal for the time strictly necessary to carry out the material inspection operations.
“Customs officers can take the necessary and appropriate measures to ensure the preservation of goods and means of transport, as well as the safety of persons.
“When the visit has proved to be materially impossible or when in-depth investigations which cannot be carried out on the spot must be carried out, customs officers may order the transfer of goods, means of transport and persons to an appropriate place. At the end of a period of four hours, the public prosecutor is informed by any means of the inspection operations.
« Art. 60-8. – Each intervention in the premises and places mentioned in Articles 60-1, 60-2 and 60-4 takes place in the presence of the person concerned or his representative or, failing that, of a person required for this purpose by the agents. customs and which does not come under their administrative authority.
“The inspection of the means of transport takes place in the presence of their driver, their owner or, failing that, of a person required for this purpose by the customs officers and who does not come under their administrative authority. However, the presence of an outside person is not required if the visit involves serious risks for the safety of persons and property. When the inspection of the means of transport takes place in the absence of their driver or their owner, a report relating the progress of the inspection is drawn up and signed, if necessary, by the required person.
“The inspection of means of transport specially fitted out for residential use and actually used as a residence at the time of the inspection can only be made in accordance with the provisions of Article 64.
“The inspection of the luggage takes place in the presence of their holders or, failing that, of a person required for this purpose by the customs officers and who does not come under their administrative authority.
“The examination of the goods and the taking of samples carried out pursuant to Article 189 of Regulation (EU)
« Art. 60-9. – Customs officers can only collect declarations with a view to recognizing objects discovered during the visit.
“When the person concerned by the visit is suspected of having committed a customs offence, he may only be heard by the customs officers in accordance with the procedures provided for in article 67 F when the exercise of the right of visit does not take place. not accompanied by a coercive measure.
« Art. 60-10. – The fact that inspection operations reveal offenses other than those mentioned in Articles 60-1 to 60-4 does not constitute a cause for nullity of incidental proceedings. »
II. – 1° In II of Article L. 251-18, in B of Article L. 251-18-1, in the first paragraph of Article L. 936-6, in II of Article L. 951-18 of the rural and maritime fishing code, in article L. 112-24 of the heritage code and in the first paragraph of article L. 80 J of the book of tax procedures, following the reference: “60” are added the words: “at 60-10”;
2° In article 65 B and in the first paragraph of I of article 67 bis of the customs code, following the reference: “60”, the words: “à 60-10” are added.
