Customs Code: Access for Customs officers reviewed and adapted to new security threats
On 19 July 2023, the Official Journal of the French Republic (JORF) announced the enactment of a customs law regulating and optimizing the scope of customs controls, thus updating Article 60 of the National Customs Code.
The National Customs Code (which applies only in France) is based on the Customs Code of the Union, which defines in its Article 60 the legal framework for checks which can be carried out by customs, as well as the whole part dealing with disputes.
Article 60 provided that customs officers may « inspect goods, means of transport and persons » the circumstances and conditions of such checks by authorised agents. Consequently, he was found unconstitutional by the Constitutional Council in September 2022.
As a result, a period of uncertainty had been established for almost a year until the announcement on Wednesday 18 July of a new law aimed at both defining the legislative framework for the control of goods, means of transport and persons, but also at giving customs enhanced means to act in response to new threats.
Here is a summary of the various points:
- Renewing the framework for customs accessThe aim here is to clarify the geographical scope of the right of access. The right of access is full and complete in border areas, in ports, airports, stations and within 40 km of these places. For other places, this right of access is subject to the suspicion of an offence or after informing the public prosecutor for the search for certain serious offences
- Responding to new threats: the law strengthens customs capacity to respond to the expansion of fraudsters using new technologies for customs fraud (possibility of freezing digital data on remote servers, requesting the removal of online content, temporary withholding of cash)
- Adapting the means of customs: a customs operational reserve is created and composed of Customs retirees and volunteers to strengthen teams during major crises or events
- Fighting trafficking• strengthening the fight against illicit tobacco trafficking; « Go fast ». The law allows the use of drones.
The law entered into force on 20 July 2023 at zero hours.
Source(s): customs.gouv.fr | legifrance.gouv.fr
Editor(s): L.SPRIET