The police form must be completed by all accommodation providers welcoming foreign tourists.
01. The first seven paragraphs of article R. 611-42 of the code of entry and stay of foreigners and the right to asylum are replaced by the following provisions:
“For the purposes of preventing disturbances to public order, judicial investigations and research in the interest of individuals, hoteliers, operators of villages and family holiday homes, residences and residential tourist villages, rental companies of furnished tourist accommodation and guest rooms, operators of campsites, caravans and other developed sites are required to have the foreigner complete and sign, upon arrival, an individual police form, the model of which is set by joint order of the Minister of the Interior, the Minister responsible for immigration and the Minister responsible for tourism.
The personal data thus collected includes:
- Name and first names
- Date and place of birth;
- The nationality ;
- The foreigner's usual domicile;
- The foreigner's mobile phone number and email address;
- The date of arrival at the establishment and the planned departure date.
Children under the age of 15 can appear on the form of an accompanying adult. The files thus established must be kept for a period of six months and given, upon their request, to the police services and gendarmerie units. This transmission can be carried out in dematerialized form. »
02. The decree n ° 75-412 of May 20, 1975 modifying article 6 of decree no. 46-1574 of June 30, 1946 regulating the conditions of entry and stay in France for foreigners is repealed.
To complete the information on the police record to complete, you will find below the DGE's answers to various practical questions:
- Should a form be completed per person or per family? No, in a family, not everyone may stay the same length of time. It is therefore one per person, except for children aged under 15 who can appear on the form of an accompanying adult. Note that the adult who accompanies the child is not necessarily from the same family (see R 611-42). Over 15 years old, you need a form.
- When does this come into effect? The amended provisions of article R. 611-42 of CESEDA have already been in force since the beginning of October. The same goes for the form model, see below.
- Is the police form intended for European Union nationals?Is a European in the Schengen area a foreigner? Yes, every foreigner, without exception.
- Is there a template? Yes, the model was taken by order. Here is the link: click here.
- Are we authorized to replace the police for identity checks and what should we do if people refuse? No, no authority for that. It is then possible that this presents a later problem for the hotelier when paying (e.g. by check). It is up to the hotelier to know whether or not he wants to rent his room to this person. Nothing else to do.
- Do you know if printed sheets are available from the gendarmerie or if we are responsible for printing them at our own expense? No sheet available, to be printed by professionals.
- Does the retention of this data create an obligation for us to declare to the CNIL? For the moment, we don't know, although normally strictly yes. However, we have made a request for exemption from the CNIL, awaiting a response. We are waiting more broadly for a circular from the Ministry of the Interior which will enlighten professionals. To be continued on this point.
- It seems to me that in most hotels they do not make us fill out a police form, but simply take a copy of an identity document. Can we do the same? No, you must have this form completed, because it must be able to be submitted with all the required information to the police authorities. The obligation is however not sanctioned, no sanction provided for by the texts.
- Does this sheet concern all foreigners? From all continents? This form does not even include the request for a passport or identity card number. Yes, any foreigner, that is to say any non-French. Indeed, the passport number is not required (in certain cases no passport is needed to come to France).
- Should we ask French people for a copy of their identity card in order to be certain of their nationality or the passport of each holidaymaker? A French person can book and come with foreigners. I don't see why we couldn't ask for a copy of the card, but the person is not obliged to comply with this request. The fact that French comes with foreigners has no impact since everyone must fill out a form.
- Should people who come back several times a year have to fill out x number of times, should they fill out one each time? Yes, each time, because article R 611-41 of CESEDA provides that “6° The date of arrival at the establishment and the planned departure date” must be mentioned in the forms. This necessarily implies one sheet per visit.
- In the case of a group, sometimes around fifteen people, should each person fill out the form? Yes, to each person, except for children under the age of 15 who can appear on the form of an accompanying adult (CF R 611-42 from CESEDA).
