LEGITIMATION DOCUMENTS ISSUED BY THE FRENCH MINISTRY OF FOREIGN AFFAIRS

The French Ministry of Foreign Affairs (hereinafter referred to as "MAE") has sent a reminder of the following rules relating to legitimation documents (special cards, henceforth called "special residence permits" (titres de séjour spéciaux), and attestations de fonctions) that it issues. The Ministry has specified that compliance with these rules is essential to the proper functioning of any International Organization established in France.


1. Types of document and use
a) Special CD, FI and AT residence permits
They serve as residence permits for members of the personnel and the members of their families who are not of French nationality and who do not have the status of permanent resident (see N.B. below).
Vis-à-vis the French authorities, they serve as proof that those holding these cards enjoy the privileges and immunities provided for by the Status Agreement between CERN and France (immunity from legal process in the discharge of their duties, entitlement to drive a vehicle registered in a special series, etc.).
In addition, holders of a special residence permit are exempted from the obligation to obtain a visa for tourist trips (including conferences) to countries applying the Schengen Convention (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Island, Italy, Luxembourg, Norway, the Netherlands, Portugal, Spain and Sweden; cf. document CERN/DSU-DO/RH/10405 dated 16 May 2001).


b) Attestations de fonctions CR, FR, AR and EF
These documents also serve as proof that those holding them enjoy the privileges and immunities provided for by the Status Agreement between CERN and France (in particular, immunity from legal process in the discharge of their duties).
However, they have no validity as residence permits since they are issued to members of the personnel residing in France who are of French nationality or have the status of permanent resident as well as to all members of the personnel residing in Switzerland.
Moreover, holders of an attestation de fonctions EF are not required to obtain a French visa when they are travelling in France temporarily for professional reasons (cf. document CERN/DSU-DO/RH/9270/Rev.2 dated 8 April 2002).
N.B.: Any non-French person of full legal age who has been living in France for over a year at the time that the MAE is notified of his recruitment is considered to be a permanent resident (cf. document CERN/DSU-DO/RH/10306 dated 5 March 2001).


2. Legal requirement
The following persons are required to be in possession of a currently valid legitimation document:
- members of the personnel who have a full-time contract with CERN for a period exceeding six months;
- members of the family of a member of the personnel holding a special residence permit who are resident in France and do not have either French nationality or permanent resident status, namely:
a spouse (no entitlement, in particular, for unmarried partners);
unmarried children aged between 18 and 21 years living with their parents;
dependent parents (parents and parents-in-law living with the member of the personnel).
Application for a special residence permit is recommended for children under 18 years of age if they come from a country whose nationals are normally required to obtain a visa for France and if they are likely to be travelling without their parents (cf. document CERN/DSU-DO/RH/8546 dated 16 December 1998). 
N.B.: Family members who are nationals of a country within the European Economic Area and wish to take up gainful employment in France must obtain a residence permit issued by a Préfecture (titre de séjour préfectoral) instead of a special residence permit (cf. document CERN/DSU-DO/RH/10772 dated 15 January 2002; European Economic Area: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Island, Italy, Liechtenstein, Luxembourg, Norway, Netherlands, Portugal, Spain, Sweden and the United Kingdom).


3. Visa
Those who are not nationals of a State within the European Economic Area are required to obtain, prior to their arrival at CERN, a French "D"-type visa (long stay) marked "voir carte PROMAE" (cf. document CERN/DSU-DO/RH/9270/Rev.2 dated 8 April 2002).


4. Initial application
The initial application for a legitimation document must be made via the Users Office (for Users) or the Cards Office (for all other members of the personnel) as soon as the person concerned arrives at CERN.
If this is not done, the French Authorities cannot guarantee the privileges and immunities to which those concerned may claim entitlement.
Furthermore, the latter run the risk of infringing French regulations with regard to residence permits. Thus, all persons of full legal age are required to obtain a residence permit:
- if they are not French nationals and
- if they reside in France for more than three consecutive months or, in the case of intermittent periods of residence, are actually present in France for more than three months in any six-month period.


5. Renewal
Applications for the renewal of a legitimation document must be submitted via the Users Office (for Users) or the Cards Office (for all other members of the personnel) approximately one month prior to the expiry date. As a rule, the Human Resources Division issues a reminder via electronic mail to all those whose legitimation document is about to expire.
Those whose legitimation document has expired are in violation of the relevant regulations, which could entail difficulties for them (e.g. in the event of verification of identity).
N.B.: All non-secure and non-computerised (i.e. non-plastified) legitimation documents ceased to be valid on 31 December 2001 (cf. announcements by the Human Resources Division published in the Weekly Bulletin).


6. Change of name, removal and promotion
In the following cases, applications for the renewal of the special residence permit and the attestation de fonctions must be submitted via the Users Office (for Users) or the Cards Office (for all other members of the personnel) as soon as possible:
- change of civil status (name, nationality, etc.)
- removal from France to Switzerland and vice-versa;
- promotion entailing the issue of a different type of legitimation document:
those classified in Aa to Ae, Ba to Bc, Da, Cb and Da : document AT or AR,
those classified in Be, Cc, Db to De, Ea to Ee, Fa and Fb: document FI or FR,
those classified in Fc and Ga to Gc: document CD or CR.


7. Surrender of documents
It is imperative that all legitimation documents be returned to the MAE via the Users Office (for Users) or the Cards Office (for all other members of the personnel) at the end of the member of the personnel's contract with CERN.
Moreover, a child's special residence permit must be surrendered when the child concerned:
- reaches the age of 18, unless the Organization forwards to the MAE a dependent child certificate (attestation de prise en charge), specifying that the child concerned is not gainfully employed, along with a document certifying that the child is registered in an educational establishment;
- no longer fulfils the conditions mentioned in document CERN/DSU-DO/RH/8546 dated 16 September 1998, in particular when the child reaches the age of 21 or gets married.
On receipt of an application via the Users Office (for Users) or the Cards Office (for all other members of the personnel), the MAE may issue a document certifying that the special residence permit documents have been surrendered (attestation de restitution) to allow the holder concerned to avoid encountering difficulties on leaving French territory or, where appropriate, to apply for a prefectoral residence permit issued by the relevant Préfecture (cf. document CERN/DSU-DO/RH/10306 dated 5 March 2001).
N.B.: Nationals of a State within the European Economic Area who return their special residence permits for the purpose of obtaining a residence permit issued by a Préfecture will thereafter cease to receive a legitimation document (see N.B. in paragraph 2 above).


8. Duplicates
In the event of loss, theft or deterioration of a legitimation document, the person concerned must apply for a duplicate via the Users Office (for Users) or the Cards Office (for all other members of the personnel) after having made the requisite declarations (cf. document CERN/DSU-DO/RH/9198/Rev.1 dated 18 January 2002). The MAE will issue a duplicate once only.
In the event of non-compliance with the aforementioned rules and in accordance with international law, the MAE reserves the right to take appropriate measures, in particular to refuse to issue a special residence permit or an attestation de fonctions.
Consequently, members of the personnel are urgently requested to co-operate with the Services responsible for dealing with the above-mentioned formalities (Divisional Secretariats, Cards Office, Users Office, etc.) to ensure that the formalities are completed in accordance with the Host States' regulations.

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