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Decree No. 2004 - 1266, 25 November 2004 Taken For The Purposes Of Article 8-4 Of Ordinance No. 45-2658 Of 2 November 1945 On The Conditions Of Entry And Residence Of Foreigners In France And Setting Up On An Experimental Basis Of U...

Original Language Title: Décret n° 2004-1266 du 25 novembre 2004 pris pour l'application de l'article 8-4 de l'ordonnance n° 45-2658 du 2 novembre 1945 relative aux conditions d'entrée et de séjour des étrangers en France et portant création à titre expérimental d'u...

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JORF n°275 of 26 November 2004 page 20089
text No. 48



Decree No. 2004-1266 of 25 November 2004 adopted for the application of Article 8-4 of Order No. 45-2658 of 2 November 1945 on the conditions for the entry and residence of foreigners in France and establishing, on an experimental basis, an automated processing of personal data relating to foreign nationals requesting the issuance of a visa

NOR: INTD0400325D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/11/25/INTD0400325D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/11/25/2004-1266/jo/texte


The Prime Minister,
On the report of the Minister of Interior, Homeland Security and Local Freedoms and the Minister of Foreign Affairs,
In view of the Treaty establishing the European Community, including its Article 62, together with the Agreement of 19 June 1990 for the Implementation of the Agreement signed at Schengen on 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic relating to the gradual removal of controls at the common borders whose ratification was authorized by Act No. 91-737 of 30 July 1991, IV, Chapter 3
Considering Council of Europe's Convention No. 108 of 28 January 1981 on the Protection of Persons with regard to the automated processing of personal data approved by Law No. 82-890 of 19 October 1982 entered into force on 1 October 1985;
Having regard to Council Regulation (EC) No. 1683/95 of 29 May 1995 establishing a model type of visa, as amended by Council Regulation (EC) No. 334/2002 of 18 February 2002;
Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free movement of such data;
In light of amended Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France, in particular Article 8-4;
Having regard to Act No. 78-17 of 6 January 1978, last amended by Act No. 2004-801 of 6 August 2004 on computers, files and freedoms, including articles 6, 27 and 38 to 40;
Having regard to the opinion of the National Commission on Informatics and Freedoms of 5 October 2004;
The State Council (inland section) heard,
Decrete:

Article 1 Learn more about this article...


It is authorized to establish, on an experimental basis, an automated processing of personal data taken for the purposes of section 8-4 of the above-mentioned order of November 2, 1945, under the Ministry of Interior.
The purpose of this treatment is to better guarantee the right to stay of people in a regular situation and to fight against the irregular entry and stay of foreigners in France, by preventing documentary fraud and identity usurpations and by improving the verification of the authenticity of the visas as well as the identity of the foreigners during the checks on the external borders of the States parties to the agreement signed in Schengen on 19 June 1990, at the French checkpoints mentioned in the decree 1

Article 2 Learn more about this article...


The personal data recorded in the automated processing provided for in section 1 are:
(a) The digitized images of the photograph and fingerprints of the ten fingers of visa applicants, collected by consular Chancellery and consulates mentioned in Appendix 2 to this decree;
(b) The personal data listed in Appendix 3 to this Order and automatically communicated by the automated processing of personal data called the Global Visas 2 Network, under the conditions provided for in Article 5 of the amended Order of August 22, 2001, creating an automated processing of nominal information relating to the issuance of visas in consular posts.

Article 3 Learn more about this article...


The retention period of personal data referred to in Article 2 is two years from the date of registration for uniform short-term visa applications, and five years from the date of registration for long-term visa applications and refusal of visas subject to the commitment of the procedure for the creation of the automated processing referred to in Article 8-4 of the above-mentioned order of 2 November 1945.

Article 4 Learn more about this article...


The recipients of the personal data recorded in the automated processing provided for in section 1 are the agents of the Ministry of Interior, individually designated and specially authorized by the Central Director of the Border Police.

Article 5 Learn more about this article...


The right of access and rectification provided for in sections 39 and 40 of the Act of 6 January 1978 referred to above shall be exercised with the Ministry of Foreign Affairs (direction of French abroad and foreigners in France), the Ministry of Interior (central direction of the police at the borders) and the Consular Chancery or consulate where the visa application has been filed.

Article 6 Learn more about this article...


The right of opposition under section 38 of the Act of 6 January 1978 referred to above does not apply to this treatment.

Article 7 Learn more about this article...


In order to facilitate the authentication of the visa holder at the border posts, an electronic component containing the personal data referred to in Annex 4 to this decree, as well as the digitized images of two fingerprints and the photograph of the visa holder, may, on an experimental basis, be associated with the visa thumbnail provided for in Regulation (EC) No 1683/95 of the Consulate Council of 29 May 1995 referred to above, and issued to nationals
In the event that the electronic component referred to in the preceding paragraph is a contactless chip, it shall have sufficient security to protect the visa holder from the risk of intrusion and diversion.
When issuing the visa, consular Chancellery and consulates provide the visa holder with a hard copy of the nominal data recorded in the electronic component. The visa holder shall exercise his right to rectify the personal data contained in this component to the Consular Chancellery or the Consulate who has granted the visa.

Article 8 Learn more about this article...


The provisions of this Order are applicable to applications for visas filed in the Consular Chancellery and consulates mentioned in Schedule 2 from the publication in the Official Journal of this Order.
This experiment is authorized for a period of two years from the publication of this decree. The evaluation was conducted.

Article 9 Learn more about this article...


The Minister of Interior, Homeland Security and Local Freedoms and the Minister of Foreign Affairs are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.

Annex


A N N E X E 1


LIST OF CONTROL POINTS FOR THE EXTERNAL FRONTIERS OF THE STATES PARTIES TO THE CONVENTION SIGNED TO SCHENGEN ON 19 JUNE 1990 WHERE TO BE USED TO EXPERIUM PERSONAL DATA FOR THE PERSONAL TRACKING
Roissy Airport.
Orly Airport.
Geneva Airport.
Positions at the land borders between France and Switzerland.
Lyon Airport - Saint-Exupéry.
Marseille-Provence Airport.
Port of Marseille-Joliette.


A N N E X E 2


LIST OF CONSULAR CHANCELLERIES AND FRENCH CONSULATIONS FOR THE COLLECT OF PERSONAL DATA TRANSMITTED TO THE ARTICLE 1 OF THE PRESENT DECRETATION
Annaba (Democratic and Popular Republic of Algeria).
Bamako, Republic of Mali.
Geneva (Swiss Confederation).
Colombo, Socialist Democratic Republic of Sri Lanka.
Minsk, Republic of Belarus.
San Francisco (United States of America).
Shanghai, People's Republic of China.


A N N E X E 3


LIST OF DATA TO PERSONAL FEATURES COMMUNIQUÉES AUTOMATIC BY THE AUTOMATISED FEATURE OF PERSONAL FEATURES WITH GLOBAL FEATURES VISAS 2 (RMV 2), REQUIRED IN THE AUTOMATISED WORK PREVED TO THE ARTICLE 1
Visa applicant's identity: name, marital name, alias or surname, name(s), date and place of birth, sex, nationality, nationality of origin and occupation.
Travel title: type of travel document, State or agency issuing the travel document, number perforated or printed on the travel document.
Decision taken by the Consular Chancellery or the Consulate of France who initiated the visa application (a visa agreement or refusal).
In case of agreement, characteristics of the visa granted:
- visa number;
- date and place of issue of the visa;
- type of visa: A (airport transfer), B (transit), C (short stay) or D (long stay);
- territorial validity of the visa: Schengen or France;
- date of validity of the visa: date of the first passage (airport), the first transit or the first entry (short stay or long stay);
- expiry date of the visa: scheduled date of the last passage (airport transfer), last return (transit or short stay) or end of stay (short stay or long stay);
- length of stay granted: maximum length of transit or total length of stay (short stay);
- validity period of the visa in the particular case of a traffic visa valid from 1 to 5 years;
- number of passages (airport transfer) or entrances granted (transit or short stay);
- reason for the stay;
- date of visa cancellation.


A N N E X E 4


LIST OF PERSONAL FEATURE DATA TO BE INSCRITED IN THE ELECTRONIC COMPOUND ON THE FIRST ALINEA OF THE ARTICLE 7 OF THE PRESENT DECRET
The personal data that can be entered in the electronic component are those printed on the visa vignette, in accordance with Annexes 10 and 13 of the common consular instructions to diplomatic and consular career representations, taken under the Schengen Agreement on 19 June 1990.
These data are:
- the visa type;
- the issuing state of the visa;
- name(s), date of birth, sex and nationality of the visa beneficiary;
- the number of the thumbnail used;
- the territorial validity of the visa issued: Schengen or France;
- the date of validity of the visa: the date of the first passage (airport transfer), the first transit or the first entry (short stay or long stay);
- the expiry date of the visa: the date of the last passage (airport transfer), the last return (transit or short stay) or the end of the stay (short or long stay);
- the length of stay granted: maximum length of a transit or total length of stay (short stay);
- the number of passages (airport transfer) or entrances granted (transit or short stay);
- the number perforated or printed on the travel document;
- the date and place of issue of the visa;
- the validity of the visa in the particular case of a traffic visa valid from 1 to 5 years.


Done in Paris, November 25, 2004.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of the Interior,

of Internal Security

and local freedoms,

Dominique de Villepin

Minister of Foreign Affairs,

Michel Barnier


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