Article 60 of the Customs Code – Inspection and New Customs

Article 60 of the National Customs Code provides for searches of vehicles and persons. More broadly, the law enables customs officials to combat a wide range of trafficking activities, from petty trafficking to organized crime involving drugs or tobacco.

This article stems from a decree of December 8, 1948, declaring Unconstitutional September 22, 2022. The main consequences quickly became apparent and led to legal uncertainty around the framework of the search.

The central role played by Customs in combating all forms of trafficking is unquestionable, as evidenced by the figures for 2022. Customs seized more than 104 tonnes of drugs with an estimated black market value of more than €1 billion, 640 tonnes of tobacco and cigarettes, and more than 11 million counterfeit goods.

The increase in the number of violations and their increasing complexity has shown that customs can use different means to deal with these problems. Customs enforcement is carried out through the National Customs Act, which Conferring broad common law powers on customs officials.

Before being reviewed by the Constitutional Council, Article 60 clearly stated:For the purpose of applying the provisions of this Act and for the purpose of detecting fraud, (customs officials) may inspect goods and conveyances and personsThe decision of the Constitutional Council is reasonable because Lack of framework For example, taking into account the location where these checks are carried out or the existence of reasonable grounds to suspect a crime. In other words, Excessive infringement Recognize the individual’s right to freedom of movement and privacy.

The repeal date of these regulations is set for September 1, 2023. After that, the intervention of the legislator becomes necessary to avoid the creation of a legal gap, taking into account the significant challenges faced by customs due to the growing creativity of traffickers.

QPC Decision No. 2022-1010 of September 22, 2022calling for reforms to customs inspection powers, the government submitted a bill last April aimed at “Empowering Customs to respond to new threats“In addition to addressing the QPC’s decision, the bill also adds new provisions in relation to customs matters.

Finally, a law designed to empower Customs to respond to the new threat was enacted on July 18, 2023. Published in the Official Gazette on 19 July 2023.

In general, the law pursues a number of objectives which can be summarized as follows:

• reform Customs inspection powers of customs officers after the 2022 QPC decision,
• modernization Powers of customs officials,
• Take action and strengthen Tools to combat different types of fraud/trafficking.

The biggest innovation is the framework of inspection powers granted to customs officials. Inspection powers have not been reformed since 1948 and now depend on The geographical location where it is exercisedAlthough this right of inspection still exists Full and unrestricted Customs regulations restrict entry except within the customs area (i.e. 40 kilometers within the territory) and ports, airports, international railway stations, roads and other places.

So, for example, there must be a legitimate reason and motivation to conduct a check on a vehicle parked in a shopping mall parking lot.

Apart from reasonablethe right of inspection must be based on There are reasonable grounds to suspect customs violations.

The law also takes into account new customs threats, particularly those associated with new technologies, allowing for:

• Seizing digital devices and documents,
• Delete online content that violates customs regulations.

Money laundering crimes now cover money laundering through crypto assets such as Bitcoin.

Finally, the Act regulates the resources available to Customs by establishing a Customs Operations Reserve. The SEJF becomes National Office to Combat Financial Fraud (ONAF).

Another major innovation is Financial PoliceUnder the designation, tax and customs agents will be centralised to conduct investigations more effectively.

With regard to strengthening the fight against all forms of trafficking, the use of drones, now authorized by law, is an important example of this approach.

The link to the legal text is as follows:

For more information, our team will be happy to assist you at:

dscustomsdouane@dsavocats.com.