In accordance with article R. 270-4, the provisions of articles R. 822-2 to R. 822-5 are applicable to foreign nationals whose situation is governed by Book II.
The administrative authority competent to impose a fine for disembarking a foreign national without the required documents, as provided for in article L. 821-6, is the minister responsible for immigration.The same authority is competent to impose a fine for failing to comply with the obligations to re-route and take charge of a foreign national, as provided for in article L. 821-10.
The services competent to carry out the checks referred to in the second paragraph of article L. 821-7 are the national police services or, in the absence of such services, the customs services or national gendarmerie units located at the entrance to French territory.
The decisions of the administrative authority imposing the fines provided for in articles L. 821-6 and L. 821-10 shall state the reasons on which they are based and shall be subject to full appeal.
The official report of the transport company’s failure, referred to in article L. 821-12, includes:1° The name of the transport company;2° The references of the flight or journey concerned;3° In the event of the disembarkation of a foreign national without the required documents: the identity of the passenger in respect of whom the transport company is likely to be held liable, specifying the reason for the refusal of entry;4° In…
The official report noting the transport company’s failure, referred to in article L. 821-12, is signed:1° By the head of the national police department responsible for border control or territorially competent, or a civil servant designated by him, holding at least the rank of brigadier;2° By the head of the customs department responsible for border control or a civil servant designated by him, holding at least the rank of second-class…
The official report recording the transport company’s failure, mentioned in article L.821-12, is sent to the administrative authority mentioned in article R.* 821-1. A copy of the official report is given to the representative of the transport company, who acknowledges receipt of it.
The administrative authority referred to in Article R.* 821-1 will notify the transport undertaking, by registered letter with acknowledgement of receipt, of the draft penalty provided for in Article L.821-12.The transport undertaking will be invited to submit any comments it may have within one month of this notification.The file will be made available to it during this period. The administrative authority mentioned in article R.* 821-1 takes its decision after…
The amount of the sum deposited by a transport company pursuant to article L. 821-9 is mentioned on the official report recording the breach provided for in article L. 821-12. If no deposit is made, this is mentioned under the same conditions.The sum deposited is handed over without delay to an accountant from the Directorate General of Public Finances.
The sum deposited shall be deducted from the amount of the administrative fine imposed pursuant to article L. 821-6.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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