Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities,
Having regard to Council Regulation (EC) No. 2252/2004 of 13 December 2004;
Vu le Civil codeincluding the title I bis of his book I;
Vu le General Tax Codeincluding articles 953, 955 and 1628 bis;
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;
Vu le Decree No. 55-1397 of 22 October 1955 amended establishing the national identity card;
Vu le Decree No. 62-921 of 3 August 1962 amended amending certain rules relating to civil status acts, including articles 11 and 11-1;
Vu le Decree No. 93-1362 of 30 December 1993 amended on declarations of nationality, decisions on naturalization, reintegration, loss, loss and withdrawal of French nationality, including articles 34 and 52;
Vu le Decree No. 2000-1277 of 26 December 2000 simplifying administrative formalities and deletion of the civil registration form, including its article 4;
Vu le Decree No. 2005-1726 of 30 December 2005 amended on passports;
The State Council (inland section) heard,
Decrete:
Article 4 of the above-mentioned Decree of 22 October 1955 is replaced by the following provisions:
"Art. 4.-I. ― In the case of first application, the national identity card is issued on production by the applicant:
“(a) From its passport, service passport or mission passport issued pursuant to articles 4 to 17 of amended Decree No. 2005-1726 of 30 December 2005 on passports. The production of one of these passports exempts the applicant from having to justify his civil status and French nationality;
“(b) Or its passport issued pursuant to the above-mentioned decree of 30 December 2005, valid or expired for less than two years on the date of application. In such cases, subject to verification of the information produced in support of the application of this former title, the production of this passport exempts the applicant from having to justify his civil status and French nationality;
"(c) Or, in the absence of producing one of the passports mentioned in the two preceding paragraphs, of its birth certificate extract of less than three months, including the indication of its filiation or, where this extract cannot be produced, of the full copy of its marriage certificate;
"When French nationality does not come from the documents mentioned in the preceding two paragraphs, it may be justified under the conditions set out in II.
“II. ― Evidence of the applicant's French nationality may be based on the extract of a birth certificate referred to in c of I bearing on the margins one of the statements provided for in Articles 28 and 28-1 of the Civil Code.
"When the certificate of birth referred to in the preceding paragraph is not sufficient to establish the applicant's French nationality, the national identity card shall be issued on the production of one of the supporting documents referred to in the above paragraph. articles 34 or 52 of Decree No. 93-1362 of 30 December 1993 amended on declarations of nationality, decisions on naturalization, reintegration, loss, loss and withdrawal of French nationality.
"When the documents mentioned in the preceding paragraphs are not sufficient to establish French nationality, the applicant may justify possession of a French state over ten years.
"When the applicant cannot produce any of the documents set out in the preceding paragraphs in order to establish its French quality, it may be established by the production of a French nationality certificate.
"Art. 4-1.-I. ― In the event of a renewal application, the national identity card is issued on production by the applicant:
“(a) From its national identity card issued under the Decree No. 87-178 of 19 March 1987 or Articles 2 to 5 of this Decree in its version Decree No. 99-973 of 25 November 1999 ;
“(b) Or his passport, service passport or mission passport issued pursuant to articles 4 to 17 of amended Decree No. 2005-1726 of 30 December 2005 on passports;
"(c) Or, subject to verification of the information produced in support of the application of this former title, of its national identity card issued pursuant to articles 2 to 5 of the decree of 22 October 1955 referred to in its earlier version Decree No. 87-178 of 19 March 1987valid or expired for less than two years on the date of the renewal application;
"(d) Or, subject to the verification of the information produced in support of the application of this former title, its passport issued pursuant to the provisions of the Decree of 30 December 2005, valid or expired for less than two years on the date of the renewal application.
“II. ― In the event of an application for the renewal of a national identity card declared lost or stolen, a new national identity card is issued on production by the applicant of its declaration of loss or flight and:
“(a) From its passport, service passport or mission passport issued pursuant to articles 4 to 17 of amended Decree No. 2005-1726 of 30 December 2005 on passports;
“(b) Or, subject to the verification of the information produced in support of the application of this former title, its passport issued pursuant to the provisions of the Decree of 30 December 2005, valid or expired for less than two years on the date of the renewal application.
"III. ― In the event of an application for the renewal of a national identity card, where the applicant cannot produce any of the titles referred to in I and II, the application shall be considered in the manner defined in section 4.
"Art. 4-2.-The applicant justifies having paid the stamp fee provided for in the cases provided by law.
"Art. 4-3.-In all cases, the applicant produces in support of the request for a national identity card two photographs of 35 × 45 mm format, identical, recent and perfectly resembling, the front and naked head representative.
"Art. 4-4.-The application for a national identity card made on behalf of a minor is submitted by a person exercising parental authority.
"The application for a national identity card made on behalf of a major under guardianship is submitted by its guardian.
"In both cases, the legal representative must justify its quality. »
Article 5 of the above-mentioned Decree of 30 December 2005 is replaced by the following provisions:
"Art. 5.-I. ― In case of first request, the passport is issued on production by the applicant:
“(a) From its national identity card issued under the Decree No. 87-178 of 19 March 1987 or articles 2 to 5 of Decree No. 55-1397 of 22 October 1955 establishing a national identity card in its version from Decree No. 99-973 of 25 November 1999. The production of this national identity card exempts the applicant from having to justify his civil status and French nationality;
“(b) Or of its national identity card issued pursuant to articles 2 to 5 of the decree of 22 October 1955 referred to in its earlier version Decree No. 87-178 of 19 March 1987valid or expired for less than two years on the date of application. In such cases, subject to verification of the information produced in support of the application of this former title, the production of this national identity card exempts the applicant from having to justify his civil status and French nationality;
"(c) Or, in the absence of producing one of the national identity cards mentioned in the two preceding paragraphs, of its birth certificate extract of less than three months, including the indication of its filiation or, where this extract cannot be produced, of the full copy of its marriage act.
"When French nationality does not come from the documents mentioned in the preceding two paragraphs, it may be justified under the conditions set out in II.
“II. ― Evidence of the applicant's French nationality may be based on the extract of a birth certificate referred to in c of I bearing on the margins one of the statements provided for in Articles 28 and 28-1 of the Civil Code.
"When the birth certificate extract mentioned in the previous paragraph is not sufficient to establish the applicant's French nationality, the passport is issued on the production of one of the supporting documents referred to in the articles 34 or 52 of Decree No. 93-1362 of 30 December 1993 amended on declarations of nationality, decisions on naturalization, reintegration, loss, loss and withdrawal of French nationality.
"When the documents mentioned in the preceding paragraphs are not sufficient to establish French nationality, the applicant may justify possession of a French state over ten years.
"When the applicant cannot produce any of the documents set out in the preceding paragraphs in order to establish its French quality, it may be established by the production of a French nationality certificate.
"Art. 5-1.-I. ― In the event of a renewal application, the passport is issued on production by the applicant:
“(a) From its passport, service passport or mission passport issued pursuant to articles 4 to 17 of this decree;
“(b) Or its national identity card issued under the Decree No. 87-178 of 19 March 1987 or articles 2 to 5 of the decree of 22 October 1955 referred to in its version of Decree No. 99-973 of 25 November 1999 ;
"(c) Or, subject to the verification of the information produced in support of the application of this former title, its passport issued pursuant to the provisions of the Order of 30 December 2005, valid or expired for less than two years on the date of the renewal application;
"(d) Or, subject to verification of the information produced in support of the application of this former title, of its national identity card issued pursuant to articles 2 to 5 of the decree of 22 October 1955 referred to in its earlier version Decree No. 87-178 of 19 March 1987valid or expired for less than two years on the date of the renewal application.
“II. ― In case of renewal of a passport issued under the Decree No. 2008-426 of 30 April 2008 having amended this decree, declared lost or stolen, a new passport is issued on production by the applicant of its declaration of loss or flight.
"In the event of renewal of a passport issued pursuant to Articles 4 to 17 of this Order in Council in its version prior to Decree No. 2008-426 of 30 April 2008, declared lost or stolen, a new passport is issued on production by the applicant of its declaration of loss or flight and:
“(a) From its national identity card issued under the Decree No. 87-178 of 19 March 1987 or articles 2 to 5 of the decree of 22 October 1955 referred to in its version of Decree No. 99-973 of 25 November 1999 ;
“(b) Or, subject to verification of the information produced in support of the application of this former title, of its national identity card issued pursuant to articles 2 to 5 of the decree of 22 October 1955 referred to in its earlier version Decree No. 87-178 of 19 March 1987valid or expired for less than two years on the date of the renewal application.
"III. ― In the event of a passport renewal application, where the applicant cannot produce any of the titles referred to in I and II, the application shall be considered in the manner defined in Article 5.
"Art. 5-2.-The applicant justifies having paid the stamp fee provided for in the cases provided by law. »
After the seventh preambular paragraph of Article 15 of the above-mentioned Decree of 22 October 1955, a sub-item is inserted as follows:
"For the purposes of section 4-2 in overseas and New Caledonia communities, the words "the law" are replaced by the words "the applicable provisions locally". »
This decree is applicable throughout the territory of the Republic.
The Minister of State, the Minister of Justice and Freedoms, the Minister of Foreign and European Affairs and the Minister of the Interior, the Overseas and Territorial Authorities are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, May 18, 2010.
François Fillon
By the Prime Minister:
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Minister for Foreign Affairs
and European,
Bernard Kouchner
