Chapter VI: PROVISIONS APPLICABLE IN NEW CALEDONIA

For the application of this book in New Caledonia:
1° With the exception of articles L. 321-1 to L. 322-1 and L. 343-5, the words: "in France" are replaced by the words: "on the territory of New Caledonia";
2° References to refusal of entry to French territory are replaced by the reference to refusal of entry to the territory of New Caledonia;
3° Article L. 311-1 is worded as follows:

"Art. L. 311-1 -In order to enter the territory of New Caledonia, all foreign nationals must be in possession of:
" 1° The documents and visas required by international conventions and regulations in force;
" 2° Subject to international conventions, proof of accommodation as provided for in article L. 313-1, if required, and the other documents provided for by decree in the Conseil d'Etat relating, on the one hand, to the purpose and conditions of their stay and, on the other hand, if applicable, to their means of subsistence, the assumption of responsibility by an approved insurance company for medical and hospital expenses, including social assistance, resulting from care they may incur in New Caledonia, as well as guarantees for their repatriation;
" 3° Documents required for the exercise of a professional activity if he/she intends to exercise one.
" By way of derogation from the provisions of this article, foreign nationals holding a residence permit or travel document issued to minors are admitted to New Caledonia on the sole basis of the presentation of this permit and a travel document. ";

4° Le 2° de l'article L. 311-2 n'est pas applicable;
5° A l'article L. 312-1, the words: "in Article 6 of Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016" and the words: "by Chapters II and III of Title III of Regulation No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas" are replaced by the words: "by the international conventions and regulations in force";
6° In Article L. 312-2:
a) the references to Articles L. 421-9 to L. 421-11, L. 421-15, L. 421-16, L. 421-23 and L. 421-24 are deleted;
b) the article is supplemented by a paragraph worded as follows: " 3° Persons who, in the opinion of the Government of New Caledonia, consulted in application of L. 312-2, can, through their abilities or talents, render significant services to New Caledonia or propose to carry out disinterested activities there. ";
8° In Article L. 313-1, the words: ", and constitutes the document provided for by the convention signed in Schengen on 19 June 1990 to justify the conditions of residence in the case of a family or private visit" are deleted;
9° Article L. 313-2 reads as follows:

"Art. L. 313-2 -The reception certificate, signed by the host and accompanied by supporting documents determined by decree of the Conseil d'Etat, is submitted for validation to the mayor of the municipality of the place of accommodation, acting as a State official.
"It is accompanied by an undertaking from the host to pay, throughout the period of validity of the visa, and in the event that the foreigner being hosted does not provide for this, the costs of the latter's stay in New Caledonia, limited to the amount of resources required of the foreigner for entry into New Caledonia in the absence of a hosting attestation. ";

10° Article L. 313-4 reads as follows:

"Art. L. 313-4 -At the request of the mayor, specially authorised officers from the local authority's departments may carry out on-site inspections. The officers authorised to carry out these checks may only enter the home of the person providing accommodation once they have obtained the latter's written consent. If the host refuses, the normal housing conditions are deemed not to have been met. "11° In article L. 313-5, the words: "the mayors" are replaced by the words: "the High Commissioner of the Republic in New Caledonia and made available to the mayors"; 12° In article L. 331-2, the words: "external borders" and the words: "in Chapter II of Title II of Regulation 2016/399 of the European Parliament and of the Council of 9 March 2016" are replaced respectively by the words: "borders" and by the words: "by the international conventions and regulations in force";
13° A paragraph is added to Article L. 341-2 as follows: 16° In Article L. 342-5, the words: "within twenty-four hours of its referral or, where the needs of the investigation so require, within forty-eight hours thereof" are deleted;
17° Article L. 342-6 reads as follows:

"Art. L. 342-6 -The liberty and custody judge rules at the seat of the court of first instance. However, if a courtroom allocated to the Ministry of Justice allowing him to rule in public has been specially set up on the port or airport premises, he shall rule in this room. "If necessary, the president of the court of first instance may decide to hold a second hearing at the seat of the court of first instance, on the same day as the one held in the specially equipped room. "18° Article L. 342-12 is supplemented by a paragraph worded as follows:
"By decision of the First President of the Court of Appeal or his delegate, on a proposal from the High Commissioner of the Republic in New Caledonia, and with the consent of the foreign national, the hearing may be held with the use of audiovisual telecommunication means under the conditions provided for in Article L. 342-7. "19° In Article L. 343-1, the words: "outside France" are replaced by the words: "outside the territory of New Caledonia"; 20° In Articles L. 343-5, L. 343-7 and L. 343-8, after the words: "mentioned in Article L. 7111-6 of the Labour Code", the words: "or recognised as journalists under the provisions having the same purpose in the community" are inserted; 21° 1° of Article L. 351-1 does not apply;
22° The provisions of 1° of Article L. 352-1 do not apply;
23° In Article L. 352-2, the words: "Except where the examination of the asylum application falls within the jurisdiction of another State" are deleted;
24° In Article L. 352-4, the words: "and, where applicable, a transfer decision referred to in Article L. 572-1" and the words: "and, where applicable, against the transfer decision" are deleted;
25° In Article L. 352-8, the words: "and, where applicable, the transfer decision may not be enforced" are replaced by the words: "may not be enforced";
26° In Article L. 352-9, the words: "and, where applicable, the transfer decision are annulled" are replaced by the words: "is annulled" and the words: "and, where applicable, the transfer decision which have not been contested" are replaced by the words: "which has not been contested".