Chapter Va: Withholding

I.-The written application requesting customs intervention, whether submitted beforehand or after the applicant has been informed that the goods have been detained, shall include: 1° The first name and surname or company name and contact details of the applicant; 2° The status of the applicant with regard to the intellectual property right or rights for which customs intervention is requested; 3° Supporting documents enabling the competent customs department to satisfy…

I.-The Minister responsible for customs accepts or rejects the written request within thirty working days of receipt. II.-Where the application is incomplete, the applicant is invited to provide the missing information within a suspensive period of ten working days. III.-The Minister’s decision is valid for a period not exceeding one year from the day following acceptance of the application. IV.-The application may be renewed at the express request of the…

Where the written application is submitted after the applicant has been informed that the goods have been detained, the Minister responsible for customs shall accept or reject it within two working days of receipt. If the application does not contain the specific and technical data on the genuine goods, the information necessary to enable the customs authorities to easily recognise the genuine goods and the information useful to the service…

The Minister responsible for customs may suspend or revoke the decision granting the written application or refuse to grant the renewal application submitted to him. He will inform the applicant, who will have a period in which to submit his observations. This period, set by the Minister for Customs, may not be less than fifteen days. The interested party will not be notified of the decision until this period has…

The regional customs director with territorial jurisdiction shall rule on the request for an extension of the ten-day detention period.

The Minister responsible for customs issues decisions falling under Articles 9, 12 and 16 of Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013.

Failing a response from the competent authority within the time limits laid down in this chapter, the applications concerned shall be deemed to have been rejected.

The guarantees intended for the possible compensation of the holder of the goods, in the event that the infringement is not subsequently recognised, which may be required of the holder of the copyright or related right, who has taken civil or criminal action, shall be fixed by the judicial authority.

The definition of perishable foodstuffs is specified by order of the minister responsible for customs.

The costs relating to the detention measure or precautionary measures ordered by the civil court charged to the holder of the copyright or related right pursuant to this code and Article 29 of Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 include the costs of storage, handling, transport and destruction of the goods. The methods for calculating the costs referred to in…