An experimental local protocol was signed Thursday, September 24, 2026 at the prefecture of Imperia. The agreement concerns the services of the Border Police (PAF) of the Alpes-Maritimes and Ventimiglia. The scheme is based on article 23 bis of the Schengen Borders Code and provides for a procedure for transferring persons apprehended in internal border areas.
On Thursday, September 24, the heads of the services of the Border Police of the Alpes-Maritimes and Ventimiglia signed an experimental local protocol at the prefecture of Imperia. The signing took place in the presence of the prefect of the Alpes-Maritimes, Jean-Marie Girier and the prefect of Imperia.
The agreement, which represents a first in France, concerns the implementation of the new transfer procedure provided for by article 23 bis of the Schengen Borders Code. The scheme is intended to reduce transfer times and lighten readmission procedures, while maintaining the guarantees provided for by European Union law.
A procedure governed by the Schengen Borders Code
Article 23 bis, arising from European regulation 2024/1717 of June 13, 2024, provides for a procedure for transferring third-country nationals apprehended in internal border areas and in irregular residence.
The transfer applies when the apprehension results from bilateral cooperation between the competent authorities of the two Member States. The third-country national concerned must be handed over directly to the other Member State. A return to the territory where the apprehension took place is then not permitted.
Certain categories of persons are excluded from the procedure. The scheme does not apply to asylum seekers, beneficiaries of international protection or unaccompanied minors.
A decision form, standardized by Annex XII of the Schengen Borders Code, must also be handed to the third-country national concerned. The transfer must take place immediately and no later than 24 hours following the apprehension.
The procedure also provides for a right of appeal, in accordance with article 47 of the Charter of Fundamental Rights of the European Union.
An experiment on the Franco-Italian border
On the Franco-Italian border, the departmental services of the Border Police of the Alpes-Maritimes and those of the PAF in the Ventimiglia area have established a bilateral cooperation protocol.
Implementation is based on several conditions. The apprehension must take place during a Franco-Italian joint patrol. A joint finding of the irregularity of residence of the third-country national must then be made.
The transfer decision can then be made immediately, with handover no later than 24 hours. The procedure provides for a handover without prior agreement from the country of origin, in accordance with the provisions of article 23 bis of the Schengen Borders Code.
The protocol signed in Imperia thus constitutes an experimental implementation of this new transfer possibility on the border between the Alpes-Maritimes and Italy.
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