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Chapter Va: Prevention of offences committed via the Internet

Article 67 D-5 of the French Customs Code

For the purposes of this chapter: 1° Intermediaries are online platform operators, within the meaning of Article 3(i) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on an internal market for digital services and amending Directive 2000/31/EC (Regulation on digital services), and persons providing an intermediary service, within the meaning of Article 3(g); 2° An online interface is understood within the meaning…

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Article 67 D-6 of the French Customs Code

When customs officers find that an offence referred to in article 414 of the present code or an offence of distance selling or purchasing of tobacco referred to in 10° ofarticle 1810 of the General Tax Code has been committed from an online interface or using an electronic means of communication, customs officers with at least the rank of controller, specially authorised by their district chief, may ask the intermediary…

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Article 67 D-7 of the French Customs Code

Where it appears that, despite the sending of the reasoned opinion, the content that constituted the means of committing the offences referred to inArticle 67 D-6 has not been made inaccessible, the authorised customs officers may ask any registry operator, domain registrar or search engine, directory or referencing service operator to take all appropriate measures to stop the referencing or to suspend the domain name for a period of four…

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Article 67 D-8 of the French Customs Code

A decree in the Council of State shall specify the procedures for applying this chapter, in particular the conditions for authorising customs officers, the content of the reasoned opinion and of the requests made by customs officers pursuant to articles 67 D-6 and 67 D-7, and the conditions under which the measures may be publicised.

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Article 67 D-9 of the French Customs Code

Customs officers authorised under the conditions provided for in the first paragraph ofArticle 67 D-6 who observe non-compliance with the measures ordered pursuant to the first paragraph ofArticle 67 D-7, when they concern a person providing an intermediary service, within the meaning of Article 3(g) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 referred to above, may ask the court seised pursuant…

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