An organisation mentioned in 1° of Article L. 135-1 may not apply Article L. 135-2 only after having:
1° Carried out diligent, proven and serious searches for rightholders, pursuant to the first paragraph of Article L. 113-10, in the Member State of the European Union where the first publication or, in the absence thereof, the first broadcast of the work took place. These searches include consultation of the appropriate sources for each category of work. Where the work has not been published or broadcast but has been made available to the public under the conditions defined in the last paragraph of 1° of Article L. 135-1, these searches are carried out in the Member State where the organisation that made the work available to the public is established. For audiovisual works, searches are carried out in the Member State where the producer has his registered office or habitual residence ;
2° Communicates the result of the searches referred to in 1°, as well as the intended use of the orphan work, to the Minister responsible for culture, or to the body designated for this purpose by the latter, which shall forward it without delay to the Office for Harmonisation in the Internal Market referred to in paragraph 6 of Article 3 of the aforementioned Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 for the purposes of entering this information in the database established by this Office for this purpose.