Section 2: Transporting foreign nationals placed or held in a waiting area or administrative detention centre

Under the conditions laid down in the Public Procurement Code, the State may award contracts for the transport of persons placed or held in waiting areas or administrative detention centres to persons governed by public law or persons governed by private law benefiting from an authorisation issued pursuant to Title I of Book VI of the Internal Security Code.

The contracts mentioned in article L. 141-5 may only relate to the driving of transport vehicles and the safety measures inherent in the latter, to the exclusion of what concerns the supervision of persons detained or held during transport, which remains the responsibility of the State. L. 141-5 (V)’>L. 141-5 may only relate to the driving of transport vehicles and the safety measures inherent in the latter, to the exclusion…

Each official involved in the tasks defined in article L. 141-6 must be designated by the company awarded the contract and be subject to prior approval by the competent administrative authority and the public prosecutor. The duration of this approval is limited. The agents referred to in the first paragraph receive appropriate training and must have passed a technical examination.

The authorisation referred to in article L. 141-5 shall be refused, or where appropriate withdrawn, if the character or behaviour of the person concerned appears incompatible with the performance of the duties assigned to him/her. It may only be withdrawn by the administrative authority or by the public prosecutor after the person concerned has been given the opportunity to present his or her observations. However, it may be suspended immediately…

The conditions of application of this section as well as those in which private security agents invested with the missions defined in Article L. 141-6 may, where appropriate, be armed, are determined by decree in the Council of State.