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.
During the notification referred to in the first sentence of the second paragraph of this article, the nature and actual or estimated quantity as well as images of the goods shall be communicated to the holder of the plant variety certificate, by way of derogation from the Article 59 bis of the Customs Code. This information may also be communicated before the implementation of the measure provided for in this article.
The detention measure shall be lifted automatically if the customs administration has not received from the holder of the plant variety certificate the request provided for in article L. 623-36 of this code, lodged within four working days of notification of the withholding referred to in the first sentence of the second paragraph of this article.
If the request has been received in accordance with the fourth paragraph of this article, the period of ten working days referred to in the fourth paragraph of article L. 623-36 begins to run from the date of acceptance of this request by the customs administration.
This article does not apply to perishable goods.
>This article does not apply to perishable goods.
This article does not apply to perishable goods.