Subsection 2: Collection of information and documents

Authorised agents may demand to be provided with documents of any kind likely to facilitate the performance of their duties. They may obtain them or take copies of them, by any means and on any medium, or seize these documents wherever they may be found.

Authorised officials may demand that they be provided with the resources they need to carry out their checks.They may also require any packaging to be opened.

The authorised agents may collect, on the spot or when summoned, any information, justification or document necessary for the controls. The authorised agents pursuant to article L. 511-3 may, on being summoned or on site, hear any person likely to provide information useful to their findings. They shall draw up a report, which must include the questions to be answered. The persons interviewed read the minutes themselves, may have their…

Where documents are in computerised form, authorised agents have access to software and stored data as well as to the unencrypted reproduction of information likely to facilitate the performance of their duties. They may request that the information be transcribed by any appropriate process into documents that can be directly used for the purposes of the inspection.

When they observe an infringement, the authorised officers may take a sample of the goods or a copy thereof to be used as evidence. A report will be drawn up when a sample is taken.

When investigating or ascertaining an offence or breach, authorised officers may note the identity of the person they are checking.If the person refuses or is unable to prove his identity, they shall immediately report this to any territorially competent judicial police officer, who may then carry out an identity check under the conditions provided for in Article 78-3 of the Code of Criminal Procedure. In this case, the time limit…

Authorised agents may access any document required to carry out their duties at public administrations, establishments and bodies placed under the control of the State and local authorities, as well as at companies or services conceded by the State, regions, départements and communes.

For the purposes of investigating and establishing misleading commercial practices, the authorised agents may require the party responsible for the practice to make available to them or to provide them with all information likely to substantiate the claims, indications or presentations, including when such information is held by a manufacturer established outside national territory. They may also require the advertiser, the advertising agency or the person responsible for the medium…