Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Interior and Land Management, and the Minister of Foreign Affairs,
Having regard to the Convention of 19 June 1990 on the application of the agreement signed in Schengen on 14 June 1985 between the governments of the States of the Economic Union of Benelux, the Federal Republic of Germany and the French Republic on the gradual removal of the joint border controls, whose ratification was authorized by Act No. 91-737 of 30 July 1991, in particular Articles 2 and 100;
Having regard to Council Regulation (EC) No. 2252/2004 of 13 December 2004;
Considering the Council ' s common position 2005/69 JAI of 24 January 2005;
Seen the civil code;
Considering the general tax code, including article 953;
In view of the Decree of the National Convention of 7 December 1792 on passports to be granted to those who would be in the event of leaving French territory for their affairs;
Considering the law of 14 year IV, which determines how passports are issued abroad;
Having regard to Act No. 69-3 of 3 January 1969 amended on the exercise of ambulance activities and the regime applicable to persons travelling in France without domicile or fixed residence;
Having regard to Act No. 78-17 of 6 January 1978, as amended on computers, files and freedoms;
Having regard to the decree of the consuls of the Republic of 12 messidor an VIII which determines the functions of the police prefect in Paris, including its article 3;
In view of the amended Decree No. 55-1397 of 22 October 1955 establishing the national identity card;
Having regard to Decree No. 62-921 of 3 August 1962, as amended, amending certain rules relating to acts of civil status, including article 11 of the Civil Status Act;
Considering Decree No. 93-1362 of 30 December 1993 on declarations of nationality, decisions on naturalization, reintegration, loss, loss and withdrawal of French nationality, as amended by Decree No. 98-720 of 20 August 1998 and No. 2005-25 of 14 January 2005;
Having regard to Decree No. 97-1191 of 19 December 1997 for the application to the Minister of the Interior of the 1st of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
Considering Decree No. 2001-847 of 11 September 2001 on the duration of passports issued in New Caledonia, French Polynesia, Wallis and Futuna Islands, Mayotte and Saint-Pierre-et-Miquelon;
Having regard to Decree No. 2003-1377 of 31 December 2003 on registration in the French register established outside France, as amended by Decree No. 2005-302 of 30 March 2005;
In view of Decree No. 2004-1543 of 30 December 2004 on the powers of heads of consular posts in respect of travel documents, as amended by Decree No. 2005-851 of 27 July 2005;
Having regard to the opinion of the National Commission on Informatics and Freedoms of 22 November 2005;
The State Council (inland section) heard,
Decrete:
The ePassport, e-service passport and e-mission passport mention:
- the name of the family, the first names in the civil status, the date and place of birth, the sex and, if the person concerned so requests, the name whose use is authorized by law;
- the color of the eyes, the size;
- nationality;
- the domicile or residence or, where applicable, the connecting commune of the person concerned or the address of the host agency to which he is domiciled;
- the date of issue and the expiry date of the document, as well as the authority that issued it;
- passport number.
They also include the handwritten signature and digitized image of their holder.
They certify the identity of their holder.
In order to facilitate the authentication of the holder of the passports referred to in Article 1, these titles contain an electronic component containing the data mentioned in the same article, with the exception of the signature.
This electronic component, which is a contactless chip, includes security to protect the holder from the risk of intrusion, diversion and modification.
In order to facilitate the identification of the holder of the passports referred to in Article 1 and the authentication of these titles, these titles contain an optical reading area containing the following information: the surname, the surname or surnames, the sex, the date of birth and the nationality of the holder, the type of document, the issuing State, the number of title and its expiration date.
The electronic passport is issued, without age, to any Frenchman who makes the request.
It has a validity period of ten years. When issued to a minor, the validity period is five years.
The electronic passport is issued or renewed on the production of the full copy of one of the civil status acts on a list determined by order of the Minister of the Interior.
The proof of the applicant's French nationality is based on one of the civil status acts referred to in the preceding paragraph, bearing, where applicable, on the margins, one of the references provided for in Article 28 of the Civil Code.
Where the acts of the civil status referred to in the second paragraph are not sufficient to establish the quality of French of the applicant, the applicant may be established by the production of one of the supporting documents of French nationality referred to in articles 34 and 52 of the aforementioned decree of 30 December 1993 or a certificate of French nationality.
The applicant provides two 35 x 45 mm identity photographs, identical, recent and perfectly resembling, the face and naked head representative.
The applicant justifies having paid the stamp fee provided by law.
The applicant justifies his home or residence by any means, including the production of a title of ownership, a certificate of taxation or non-taxation, a leave of rent, gas, electricity, telephone or a certificate of housing insurance.
The applicant to whom the law has established a connecting municipality produces a special circulation booklet, a traffic booklet or a valid traffic record.
An applicant who does not have the opportunity to provide proof of a domicile or residence, or to which the law has not established a connecting municipality, shall provide an attestation establishing its relationship with a host organization on a list prepared by the prefect and, in Paris, by the police prefect.
When the passport is requested to replace a lost or stolen passport, the applicant also produces a loss or flight declaration.
The application for a passport made on behalf of a minor is submitted by a person exercising parental authority.
The application for a passport made on behalf of a major placed under guardianship is submitted by his guardian.
In both cases, the legal representative must justify its quality.
The electronic passport is issued or renewed by the prefect or sub-prefect.
In Paris, it is issued or renewed by the police chief.
He is issued or renewed abroad by the head of consular post.
The passport is returned to the applicant instead of filing the application. The applicant signs the passport in the presence of the agent who gives it back.
A minor's passport is given to him in the presence of a person exercising parental authority.
During the renewal, the new passport is returned after returning the old passport.
The former passport may be retained by the applicant in the case of a valid visa for the validity of the visa.
The applicant is informed of the availability of the passport by any means. Any passport not withdrawn by the interested party, within three months of its availability by the authority to which the application was filed, is destroyed.
A service passport may be issued:
1° To the civil and military officials of the State who carry out duties abroad, with a national interest, on the exclusive account of a central government, and who are not holders of a diplomatic passport;
2° To the civil and military officials of the State assigned to foreign countries, attached to a permanent diplomatic mission or to a consular post, and who are not holders of a diplomatic passport;
3° A spouse or partner to whom he is bound by a civil pact of solidarity and minor dependent children of the agents mentioned in 2° when the local circumstances require the issuance of such a title.
The service passport is valid for five years.
The application for a service passport is filed with the Minister of the Interior.
It is accompanied by a circumstantial note prepared by the administration of which the agent reports justifying the need to issue a service passport.
In the event of an employee's foreign assignment, the decision appointing the agent is filed in support of the application.
The Service Passport is issued by the Minister of the Interior.
The service passport can only be used for the purposes for which it is issued.
It is returned by the administration of which the licensee reports upon the expiry of its validity or when its use is no longer justified.
A mission passport may be issued to civil and military officials of the State who travel on a mission abroad or are assigned abroad and are not holders of a diplomatic passport or a service passport.
The mission passport is valid for five years.
The mission passport is issued:
- by the prefect or sub-prefect;
- in Paris, by the police chief;
- abroad, by the Chief Consular.
The application for a mission passport is accompanied by an order of mission signed by the authority exercising authority over the applicant.
The mission passport can only be used for the purposes for which it was issued.
The mission passport shall be returned to the authority that issued it upon the expiry of its validity or once its use is no longer justified.
In order to implement the procedures for the establishment, issuance, renewal, replacement and removal of passports referred to in section 1, as well as to prevent, detect and suppress their falsification and counterfeiting, the Minister of the Interior is authorized to create an automated personal data processing system.
The personal data recorded in the automated processing system provided for in section 18 are:
(a) Data relating to the passport holder:
- the surname, surnames and, if the applicant so requests, the name whose use is authorized by law, date and place of birth, sex;
- the color of the eyes, the size;
- the domicile or residence or, where applicable, the connecting commune of the person concerned or the address of the host agency to which he is domiciled;
- where appropriate the decision certifying the applicant ' s legal capacity;
(b) Information on the title:
- application number and tax series of the passport;
- type of passport;
- Tariff of stamp fee;
- date and place of issue;
- authority of deliverance;
- expiration date;
- mention, with the date, of loss, theft, destruction, cancellation or withdrawal;
- mentions of the evidence submitted in support of the passport application;
- technical information relating to the establishment of the title;
- information relating to the application for a passport: application number, place of filing, date of receipt of the application, date of sending the title to the deposit box, reason for non-delivery;
(c) Data relating to the passport manufacturer and passport issuing officers:
- identifier of the agent who registers the passport application;
- ID of the passport manufacturer;
- references of agents referred to in Article 20.
The recipients of personal data recorded in the automated processing system provided for in section 18 and in the electronic component provided for in section 2 are officials of the Ministry of Interior specially assigned to the service implementing the said system, as well as the only agents and personnel specially assigned to the instruction of passport applications listed below:
- officials responsible for the application of the passport regulations to the Ministry of the Interior and the Ministry of Foreign Affairs, individually authorized by the Minister of the Interior or the Minister of Foreign Affairs or by officials designated by these Ministers for that purpose;
- prefectures and sub-prefectures responsible for the issuance of the titles referred to in articles 4 and 15, individually authorized by the prefect or sub-prefect;
- diplomatic and consular agents responsible for the issuance of the titles referred to in articles 4 and 15, individually authorized by the ambassador or consul;
- officers responsible for issuing service passports to the Ministry of the Interior, individually authorized by the Minister of the Interior or by officials designated by the Minister for that purpose.
For the exclusive purposes of carrying out their duties, personnel responsible for the search and control of the identity of persons, the verification of the validity and authenticity of passports within the services of the national police, the national gendarmerie and the customs may access the personal data contained in the electronic component of the passport provided for in section 2 and registered in the automated processing system provided for in section 18.
For the instruction of passport applications, it is verified, through the consultation of the file of the wanted persons, that no judicial decision or any particular circumstance is opposed to its issuance.
A consultation is also conducted on the computerized manufacturing and management system of national identity cards and the automated processing system provided for in section 18 to verify whether titles have already been solicited or issued under the applicant's identity.
The automated processing system provided for in section 18 is interconnected with the Schengen and INTERPOL information systems. This interconnection covers information relating to the numbers of lost or stolen passports as well as information relating to the issuing country, the type and the virgin or personal character of the document.
The retention period of personal data recorded in the automated processing system provided for in section 18 is fifteen years when the title is issued to a major and ten years when it is issued to a minor.
The retention period of these personal data is ten years for the service passport and mission passport.
The delivery of the passport is accompanied by a hard copy of the nominal data recorded in the electronic component. The licensee shall exercise its right to rectification for such data from the issuing authority.
The right of access and the right of rectification shall be exercised with the issuing authority under the conditions set out in sections 39 and 40 of the Act of 6 January 1978 referred to above.
The right of opposition under section 38 of the Act of 6 January 1978 referred to above does not apply to this treatment.
An Order of the Minister of Interior sets out the dates from which requests for electronic passports will be received in the departments in metropolis.
A joint order of the Minister of the Interior and the Minister of the Overseas sets out the dates from which electronic passport applications will be received in overseas departments, overseas communities and New Caledonia.
A joint order of the Minister of the Interior and the Minister of Foreign Affairs sets out the dates from which the requests for electronic passports of the French established outside France will be received.
An order by the Minister of the Interior sets out the date on which requests for electronic service passports will be received.
I. - This decree is applicable to Mayotte, Wallis and Futuna Islands, French Polynesia and New Caledonia.
II. - For the purposes of the last paragraph of section 5, in overseas communities and in New Caledonia, the words: "the law" are replaced by the words: "the applicable provisions locally".
III. - For its application in Mayotte, the word "prefect" is replaced by the words "state representative in Mayotte".
For minor applicants who have retained their personal status, the words "executing parental authority" are replaced by the words "executing parental authority in practice".
IV. - For its application in the Wallis and Futuna Islands, the word "community" is replaced by the word "territorial district". The words: "prefect" and "subprefect" are replaced by the words: "Superior Administrator" and "Senior Administrator Delegate".
V. - For its application in French Polynesia, the words "prefect" and "subprefect" are replaced respectively by the words: "high commissioner of the Republic" and "head of administrative subdivision".
VI. - For its application in New Caledonia, the words: "prefect" and "subprefect" are replaced by the words: "High Commissioner of the Republic" and "Delegated Commissioner".
Decree No. 2001-185 of 26 February 2001 on conditions for the issuance and renewal of passports, Decree No. 2001-847 of 11 September 2001 on the duration of passports issued in New Caledonia, French Polynesia, Wallis and Futuna Islands, Mayotte and Saint-Pierre-et-Miquelon, with the exception of its article 3, and Decree No. 2001-893 of 26 September 2001-893 of
However, the competent authorities may issue passports pursuant to the decrees mentioned in the preceding paragraph until the dates fixed under the conditions of Article 28.
The Minister of State, Minister of Interior and Land Management, the Minister of Foreign Affairs, the Minister of Economy, Finance and Industry, the Minister of Seals, Minister of Justice, and the Minister of Overseas are responsible, each with regard to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris on 30 December 2005.
Dominique de Villepin
By the Prime Minister:
The Minister of State,
Minister of Interior
and landscaping,
Nicolas Sarkozy
Minister of Foreign Affairs,
Philippe Douste-Blazy
Minister of Economy,
finance and industry,
Thierry Breton
The Seal Guard, Minister of Justice,
Pascal Clément
The overseas minister,
François Baroin
