Key Benefits:
Publics concerned: services of foreign prefectures, customs services, officers of the French Immigration and Integration Office (OFII), police services, gendarmerie units.
Subject: modification of cases of consultation of computer applications: application of the management of records of foreign nationals in France (AGDREF) and VISABIO.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree supplements the provisions of the Code of Entry and Residence of Aliens and the Right of Asylum (book VI) to insert new cases of consultation of alphanumeric and biometric data of AGDREF and VISABIO applications, for the purposes of border controls, identification or verification of the regularity of the stay of aliens.
References: The Code of Entry and Residence of Aliens and the Right of Asylum (Regulative Party) amended by this Decree may be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Foreign Affairs and the Minister of Interior,
Considering the Code of Entry and Residence of Aliens and the Right of Asylum, including Articles L. 111-2, L. 611-3, L. 611-5 to L. 611-7, R. 311-3, R. 611-5 to R. 611-15 and its annex 6-3;
Vu le general code of territorial authoritiesincluding articles LO 6213-1 and LO 6313-1;
Vu le Customs Codeincluding article 67 quater;
Vu le Code of Criminal Procedurearticles 21, 28-1, 28-2, 78-2 and 78-3;
Considering the internal security code, including its article L. 222-1;
Vu la Act No. 78-17 of 6 January 1978 modified in relation to information technology, files and freedoms, including article 27;
Considering the opinion of the National Commission on Informatics and Freedoms of 13 September 2012;
Considering the advice of the Departmental Technical Committee of the Ministry of Foreign Affairs of 7 November and 5 December 2012;
The State Council (inland section) heard,
Decrete:
The 7th of Article R. 611-5 of the Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
1° A, after the words: "in the conditions provided for in Article 67 quater of the Customs Code", are inserted the words: "as well as the agents of the tax services authorized to carry out judicial police missions" and after the words: "the Director General of Customs and Indirect Rights" are inserted the words: "and by the magistrate mentioned in theArticle 28-2 of the Code of Criminal Procedure » ;
2° The b is replaced by the following:
“(b) Investigations or procedures entrusted by the judicial authority, the judicial police officers of the police or the national gendarmerie and, under the order and responsibility of them, the judicial police officers individually designated and specially authorized by their supervisor;
“b bis) Procedures entrusted by the judicial authority, on the one hand, for offences provided for in theArticle 28-1 of the Code of Criminal Procedurethe Customs officers authorized to carry out judicial police missions, individually designated and specially authorized by the Magistrate delegated to the judicial missions of the customs or, where appropriate, by the Director General of Customs and Indirect Rights, and, on the other hand, for the offences provided for in article 28-2 of the same Code, the tax officers authorized to carry out judicial police missions, individually designated and specially authorized by the judges mentioned in that section. »
After the ninth paragraph (4°) of article R. 611-8 of the same code, it is inserted a tenth paragraph as follows:
« 5° To facilitate the identification of illegal aliens for their removal. »
I. ― At 2° of article R. 611-10 of the same code, the words: "Experimental title for visa applications filed with the Consulates General of France in Algiers (Democratic and People's Republic of Algeria), Istanbul (Turkey) and London (United Kingdom), as well as the words: "This experiment is authorized for a period of one year from a date to be fixed by a foreign minister. » are deleted.
II. – The second paragraph of section R. 611-15 is deleted.
Section R. 611-12 of the same code is amended to read:
1° In the third paragraph (2°) of I, the words: "qualified in the issue and extension of visas" are replaced by the words: "and those responsible for the application of the regulations relating to the issuance of residence permits, the processing of asylum applications and the preparation and implementation of removal measures";
2° The fourth paragraph (3°) is replaced by the following provisions:
« 3° Officers responsible for border control of the national police and gendarmerie and customs, individually designated and specially authorized by the chief of service of which they are responsible; »
3° After the fourth preambular paragraph, a sub-item reads as follows:
« 3° bis The officers of the Ministry of Interior, individually designated and specially authorized by the head of the National Police Service or by the commander of the gendarmerie group, responsible for the removal of aliens; »
4° In the fifth, which became sixth, paragraph (4°) of I, the words "the departmental director of public security" are replaced by the words "the director of public security";
5° After the same fifth, it became sixth paragraph (4°) of the I, it was inserted a seventh and eighth preambular paragraph as follows:
« 5° Customs officers under the conditions specified inArticle 67 quater of Customs Codeindividually designated and specially authorized by the Regional Customs Director or, where appropriate, the Director General of Customs and Indirect Rights;
« 6° For the purposes of the certification procedure referred to in the thirteenth paragraph of section R. 311-3, the officers of the French Immigration and Integration Office, individually designated and specially authorized by the Director General of the Office, responsible for the procedures for admission to the stay. »
6° II is thus amended:
(a) After the words: "judicial police officers" are inserted the words: "and, on the order and responsibility of them, the judicial police officers";
(b) At the end of the paragraph, the words: "excluding digitized images of fingerprints" are deleted;
7° In the first paragraph of the III, the words: articles 9 and 33 of Act No. 2006-64 of 23 January 2006 are replaced by the words: "in Article L. 222-1 of the Internal Security Code";
8° The IV is deleted.
Appendix 6-3 of the same code is replaced by the Appendix to this Order.
This Order is applicable to Saint-Barthélemy, Saint-Martin and Mayotte.
The Minister of Foreign Affairs, the Minister of Economy and Finance, the Minister of the Interior, the Minister of the Overseas and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
A N N E X E
APPENDIX 6.3 MENTIONED TO ARTICLE R. 611-9
List of personal data automatically communicated by the automated processing of personal data known as the global visa network (RMV2), recorded in the automated processing provided for in article R. 611-8
I. ― Visa application data
(a) General data:
Visa information requested; application number; previous request link; name of the seized authority; location of the seized authority; indication that the authority has been seized in replacement of another Member State; place and date of application; visa type; motive of the trip; name; first name and address of the inviting person; name and address of the inviting company or company (legal person); name and name of the person to be contacted in the inviting company or company; main destination; duration of stay; expected arrival date; scheduled departure date; frontier planned; intended transit route; reason and date of withdrawal of the request by the applicant;
(b) Data for a group of visa applicants:
Type of group; link requests from the group.
II. ― Visa applicant data
(a) Civil status data:
Name; Birth name; previous names; first names; sex; date of birth; place of birth; country of birth; present nationality; nationality of birth;
(b) Travel documents data:
Document type; document number; issuing authority; date of issue; expiry date;
(c) Biometric data:
Photographs; fingerprints of the applicant;
(d) Other data:
Residence; name and name of the applicant's father and mother; name and contact information of the employer; name of the school or university (student) ; current profession.
III. - Visa data
(a) Visa data issued:
Visa information issued; place of decision and date of issuance of visa; name and location of the authority issuing the visa; indication that the authority was seized on behalf of another Member State; territorial validity in which the holder of the visa is authorized to circulate; type of visa issued; number of the visa thumbnail issued; date of commencement and end of validity of the visa; number of authorized entries; validity of the visa; length of stay allowed; visa information issued on separate slip;
(b) Data relating to the abandonment of the application:
Information indicating that the examination of the visa application was interrupted; Member State competent to consider the application; name and location of the authority that interrupted the examination of the application; date and place of interruption;
(c) Data on refusal of a visa:
Information visa refused; name and location of the authority that refused the visa; date, place and reason for refusal;
(d) Data relating to the cancellation, withdrawal or reduction of the validity of the visa:
Visa information cancelled, withdrawn or reduced in its validity; name and location of the authority having made the decision; date and place of the decision; new expiry date of visa validity; number of the new thumbnail; reasons for the decision to cancel, withdraw or reduce the validity of the thumbnail;
(e) Visa extension data:
Visa information extended; name and location of the authority having extended the visa; date and place of the decision; date of commencement and end of the extended period; number of the new thumbnail; period of extension of stay, territory on which the visa holder is allowed to circulate; type of extended visa; reasons for extension.
Done on February 18, 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of the Interior,
Manuel Valls
Minister of Foreign Affairs,
Laurent Fabius
Minister of Economy and Finance,
Pierre Moscovici
Minister of Overseas,
Victorin Lurel
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
