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 on the Entry and Residence of Foreigners and the Right of Asylum are replaced by the following provisions:
« For the purposes of preventing public order disturbances, judicial investigations and research in the interest of individuals, hoteliers, operators of holiday villages and family holiday homes, tourist residences and residential villages, lessors of furnished tourist accommodation and bed and breakfast accommodation, and operators of camping sites, caravan parks and other developed sites are obliged to have the foreigner fill in and sign this form on arrival, an individual police form, the model is set by a joint order of the Minister of the Interior, the Minister for Immigration and the Minister for Tourism.
The personal data collected in this way include :
- Surname and first names
- Date and place of birth ;
- Nationality ;
- The habitual residence of the foreigner ;
- The mobile phone number and e-mail address of the foreigner ;
- The date of arrival at the establishment and the expected date of departure.
Children under the age of 15 may be included on the card of an accompanying adult. The forms thus drawn up must be kept for a period of six months and handed over, on request, to the police and gendarmerie units. This transmission may be carried out in dematerialised form. »
02. The decree n° 75-412 of 20 May 1975 amending Article 6 of Decree No 46-1574 of 30 June 1946 regulating the conditions of entry and residence of foreigners in France is repealed.
To complete the information on the police sheet you will find below the DGE's answers to various practical questions:
- Should a form be filled in per person or per family? No, in a family, not everyone may stay the same amount of time. It is therefore one per person, except for children under 15 years of age who may be listed on the card of an accompanying adult. It should be noted that the adult accompanying the child is not necessarily from the same family (see R 611-42). For children over 15, a card is required.
- When does this come into effect? The amended provisions of Article R. 611-42 of the CESEDA have already been in force since early October. The same applies to the model form, see below.
- Is the police form for EU nationals?Is a European in the Schengen area a foreigner? Yes, any foreigner, without exception.
- Is there a template for the form? Yes, the model has been issued by decree. Here is the link: click here.
- Are we entitled to replace the police in identity checks and what should we do if people refuse? No, they are not entitled to do so. It is then possible that the hotelier will have a problem later on when paying (e.g. by cheque). It is up to the hotelier to decide whether or not he wants to rent his room to this person. Nothing else to do.
- Do you know if printed forms are available from the gendarmerie or if we have to print them at our own expense? No sheet available, to be printed by professionals.
- Do we have to declare this data to the CNIL? For the moment, we don't know, even if normally, in all rigour, yes. However, a request for exemption has been made to the CNIL, and we are waiting for a reply. More generally, we are waiting for a circular from the Ministry of the Interior, which will enlighten the professionals. To be continued on this point.
- It seems to me that in most hotels they don't make us fill in a police form, but just take a copy of an ID. Can we do the same? No, the form must be filled in, as it must be handed over with all the necessary information to the police authorities. However, the obligation is not sanctioned, there are no penalties provided for in the texts.
- Does this sheet concern all foreigners? From all continents? This form does not even include a request for a passport or identity card number. Yes, any foreigner, i.e. any non-French person. Indeed, the passport number is not requested (in some cases, no passport is needed to come to France).
- Should we ask for a copy of the identity card of the French to be sure of their nationality or the passport of each holidaymaker? A French person can book and come with foreigners. I don't see why we can't ask for a copy of the card, but the person is not obliged to comply with this request. The fact that the Frenchman comes with foreigners is of no consequence since each person must fill in a form.
- Do people who come back several times a year have to fill in x times, do they have to fill in one each time? Yes, each time, because Article R 611-41 of the CESEDA stipulates that "6° The date of arrival in the establishment and the planned date of departure" must be mentioned in the forms. This necessarily implies one sheet per visit.
- In the case of a group, sometimes about 15 people, should each person fill in the form? Yes, for each person, except for children under 15 years of age who may appear on the card of an accompanying adult (CF R 611-42 of the CESEDA).