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Article 344-1 of the French Customs Code

In accordance with the provisions of Article 696-111 of the Code of Criminal Procedure, when they relate to offences provided for in this Code, the alerts provided for in Article 24 of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation in relation to the establishment of the European Public Prosecutor’s Office shall be sent to the Deputy European Public Prosecutor either directly or via the competent public…

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Article 344-2 of the French Customs Code

Pursuant toArticle 696-113 of the Code of Criminal Procedure, where the European Public Prosecutor’s Office decides to exercise jurisdiction over offences provided for in this Code, the Deputy European Public Prosecutor may conduct investigations in accordance with the provisions of this Code. Within this framework, the Deputy European Public Prosecutor shall exercise all the powers conferred on the Public Prosecutor by this Code. The liberty and custody judge of the…

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Article 344-3 of the French Customs Code

Once the European Public Prosecutor exercises his jurisdiction, or during the periods provided for in Article 27(1) of the aforementioned Council Regulation (EU) 2017/1939 of 12 October 2017: 1° By way of derogation from Article 343(2) of this Code, the action for the enforcement of tax penalties shall not be brought by the customs administration, but by the Deputy European Public Prosecutor; 2° The customs authorities may only settle, pursuant…

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Article 344-4 of the French Customs Code

Where the European Public Prosecutor’s Office has exercised its jurisdiction, the competent Deputy European Public Prosecutor shall, as soon as possible, communicate to the customs administration all the information enabling the customs debt to be notified, pursuant to Articles 102 and 103 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the Union Customs Code.

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Article 345 of the French Customs Code

Debts of all kinds established and recovered by the customs administration are the subject of a notice of recovery subject, if necessary, to referral to the judicial judge. The collection notice is issued and made enforceable by the administrative authority designated by decree, in accordance with the procedures set out in articles L. 212-1 and L. 212-2 of the Code des relations entre le public et l’administration. The notice of…

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Article 345-0 bis of the French Customs Code

The fines, penalties and forfeitures in value provided for by the codes, laws and regulations that the customs administration is responsible for enforcing when they are handed down by a court are recovered by the public finance administration in the same way as criminal fines, without prejudice to the jurisdiction of the Agency for the Management and Recovery of Seized and Confiscated Assets provided for inarticle 707-1 of the Code…

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Article 345 bis of the French Customs Code

I.-When the taxpayer has applied a tax law according to the interpretation that the administration had made known by its published instructions or circulars and that it had not reported at the date of the operations constituting the chargeable event, it may not declare by way of a notice of assessment and recover the duties and taxes collected according to the terms of this code, by arguing a different interpretation….

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Article 345 ter of the French Customs Code

Public accountants may serve the debtor with a formal notice to pay for the recovery of debts for which they are responsible, under the conditions provided for in Article L. 257 of the Book of Tax Procedures. By way of derogation from the same article L. 257, for debts recovered in accordance with the provisions of the present code, the challenge is made under the conditions set out in article…

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Article 346 of the French Customs Code

Any challenge to the claim must be addressed to the authority that issued the assessment notice within three years of its notification, without prejudice to the time limits for remission of duties set out in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code. The Regional Director of Customs will rule on the dispute within six months of receipt. In the case of an application…

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Article 347 of the French Customs Code

Within two months of receiving the response from the Regional Director of Customs or, in the absence of a response, on expiry of the six-month period provided for in the previous article, the taxpayer may refer the matter to the judicial court. Such referral suspends the limitation period referred to in article 351 until a final court decision has been reached.

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