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 with information on the quantity and nature of the goods.
When the detention, provided for under European Union regulations and relating to goods suspected of infringing a plant variety certificate, is implemented after a request from the holder of the plant variety certificate has been accepted, customs officials may also provide the holder with the information provided for under these regulations, necessary to determine whether there has been an infringement of his right.
II – The costs generated by the implementation of the withholding mentioned in I shall be borne by the holder of the plant variety certificate.
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