In order to establish the offences referred to in Articles 414, 414-2, 415 and 459, to gather evidence thereof and to seek out the perpetrators, accomplices and those who participated as interested parties within the meaning of Article 399, customs officers with at least the rank of controller and specially authorised by the director of the department to which they are assigned may obtain communication of the data stored and processed by electronic communications operators within the scope ofArticle L. 34-1 of the French Post and Electronic Communications Code, as well as by the service providers mentioned in 1 and 2 of I of article 6 of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy.
The implementation of the right of communication provided for in the first paragraph of this article shall be authorised in advance by the Public Prosecutor at the judicial court for the location of the customs directorate to which the department responsible for the procedure reports.
The authorisation of the Public Prosecutor, which may be given by any means, shall be mentioned or placed in the file of the procedure.
The communication of the data mentioned in the first paragraph shall be the subject of an official report, which shall be placed in the file of the procedure. A copy of this report shall be sent to the public prosecutor who authorised the implementation of the right of disclosure and to the operators and service providers mentioned in the same first paragraph, within five days of it being drawn up at the latest.
The data disclosed shall be destroyed when the proceedings for the application of tax penalties are terminated.
A decree of the Conseil d’Etat shall lay down the terms and conditions for the application of this article.