Section 4: Withholding

Apart from the cases provided for by European Union regulations, the customs authorities may, at the written request of the holder of a plant variety certificate, accompanied by proof of entitlement, detain goods which the holder claims to be counterfeit for the purposes of its controls. This detention is immediately notified to the applicant and the holder. The public prosecutor is also informed of this measure by the customs authorities….

In the absence of a written request from the holder of the plant variety certificate and except in cases provided for by European Union regulations, the customs administration may, in the course of its controls, detain goods likely to infringe a plant variety certificate. The holder of the plant variety certificate is immediately notified of this detention. The public prosecutor is also informed of this measure by the customs authorities….

I. – Where detention, as provided for by European Union regulations and relating to goods suspected of infringing a plant variety certificate, is implemented before an application by the holder of the plant variety certificate has been lodged or accepted, customs officials may, by way of derogation from Article 59 bis of the Customs Code, inform this holder of the implementation of this measure. They may also provide the holder…

During the withholding period referred to in Article L. 623-36 and in the second paragraph of I of l’article L. 623-38, the holder of the plant variety certificate may, at his request or at the request of the customs administration, inspect the goods detained. When inspecting the detained goods, the customs authorities may take samples.

I. – When the detention of goods suspected of infringing a plant variety certificate is implemented after a request mentioned in Article L. 623-36 has been accepted, goods suspected of infringing a plant variety certificate may be destroyed under the supervision of customs officers provided the following conditions are met: 1° The applicant has confirmed in writing and by means of a detailed expert report to the customs authorities, within…

Where the applicant uses information provided to him by the customs administration, by way of derogation from Article 59 bis of the Customs Code, for purposes other than those provided for in this chapter, the Customs administration shall revoke, suspend or refuse to renew the said application.

In order to impose the measures provided for in articles L. 623-36 to L. 623-39, customs officers apply the powers vested in them by the customs code.

A decree by the Conseil d’Etat shall set: 1° The conditions for applying the measures provided for in articles L. 623-36 to L. 623-41; 2° The conditions under which the destruction of goods likely to infringe a plant variety certificate, as provided for by the European regulations in force, is carried out, as well as the conditions for taking samples prior to the said destruction.

This Section shall not apply to farm-saved seed covered by Section 2a of this Chapter.