In the course of controls falling within their remit, customs officers, once they have consulted the processing of personal data relating to individuals, objects or vehicles for which an alert has been issued, governed by article 31 of law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, may, for the purposes of providing a judicial police officer with information, provisionally detain persons for whom an alert has been issued or who are in possession of an object for which an alert has been issued.
Customs officers shall immediately inform the public prosecutor of the temporary detention. During temporary detention, the person is brought before the territorially competent judicial police officer or kept at his disposal. The duration of temporary detention is limited to the time strictly necessary to carry out these procedures, but may not exceed three hours from the time of the request by the judicial police officer. At the end of this period, the person is released if it has not been possible to hand him/her over to the territorially competent judicial police officer.
If the detainee is taken into police custody at the end of the period of provisional detention, the period of provisional detention is deducted from the period of police custody.
If the detained person is also subject to customs detention under the conditions set out in articles 323-1 to 323-10 of the present code, the duration of the provisional detention is counted against the duration of the customs detention.
The customs officers shall record in a report, a copy of which shall be given to the criminal investigation police officer, the day and time of the start and end of the provisional detention; these details shall also appear in the register referred to in article 323-8.