The Channel Tunnel (International Arrangements) Order 1993

Made: 16th July 1993

Coming into force

Now, therefore, in exercise of the powers conferred on the appropriate Minister by section 11 of the Channel Tunnel Act 1987[^f00001], the Lord Chancellor, the Secretary of State for the Home Department, the Secretary of State for Health, the Minister of Agriculture, Fisheries and Food and the Commissioners of Customs and Excise hereby make the following Order:

Citation and commencement

1

This Order may be cited as the Channel Tunnel (International Arrangements) Order 1993 and shall come into force on the date on which the Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic Concerning Frontier Controls and Policing, Co-operation in Criminal Justice, Public Safety and Mutual Assistance Relating to the Channel Fixed Link enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes.

Interpretation

2

• (1) In this Order, except for the purpose of construing the international articles or the supplementary articles or the 2012 Agreement, and in any enactment as applied by it with modifications, any expression for which there is an entry in the first column of Schedule 1 has the meaning given against it in the second column.

• (2) In this Order “the authorised purposes” means—

• (a) purposes for which provision is authorised by any of paragraphs (a), (d) and (g), and

• (b) purposes connected with any matter in relation to or with respect to or for regulating which provision is authorised by any of paragraphs (c), (e), (f) and (h),

of section 11(1) of the Channel Tunnel Act 1987.

• (3) In this Order “the international articles” means the provisions set out in Schedule 2 (being Articles or parts of Articles of the Protocol mentioned in article 1 above); and in the international articles the expression “the Fixed Link” shall for the purposes of this Order be taken to have the same meaning as is given to “the tunnel system” by section 1(7) of the Channel Tunnel Act 1987.

• (4) In this Order “the supplementary articles” means the provisions set out in Schedule 2A (being Articles of the Additional Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic and amendments to those Articles made by the amending instrument), and in the supplementary articles “the Protocol signed at Sangatte” and “the Sangatte Protocol” mean the Protocol mentioned in article 1 above.

• (5) In paragraph (4) and in the supplementary articles, “Additional Protocol” means the Additional Protocol to the Sangatte Protocol on the Establishment of Bureaux Responsible for Controls on Persons Travelling by Train between France and the United Kingdom, signed at Brussels on 29th May 2000.

• (6) In paragraph (4) “the amending instrument” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic making amendments to the Additional Protocol to the Sangatte Protocol on the Establishment of Bureaux responsible for controls on persons travelling by train between the United Kingdom and France, and to the Agreement concerning the carrying of service weapons by French officers on the territory of the United Kingdom of Great Britain and Northern Ireland, signed in Paris on 18th June 2007.

• (7) In this Order, the “2012 Agreement” means the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of France on Implementation of the Cyclamen Device in the French Terminal of the Channel Tunnel Situated in Coquelles signed in London on 10th May 2012.

Application of international articles

3

• (1) The international articles shall have the force of law in the United Kingdom—

• (a) within the tunnel system,

• (b) within a control zone, and

• (c) elsewhere for the authorised purposes only.

• (2) Without prejudice to paragraph (1) officers belonging to the French Republic shall to the extent specified in the international articles have rights and obligations and powers to carry out functions in the United Kingdom.

• (3) For the purpose of giving full effect to Article 34 of the international articles (accommodation, etc., for authorities of adjoining State) the appropriate Minister may by written notice require any occupier or person concerned with the management of a terminal control point to provide free of charge such accommodation, installations and equipment as may be necessary to satisfy requirements determined under Article 33 of the Protocol mentioned in article 1 above (which requires the competent authorities of the two States to determine their respective requirements in consultation with one another).

Application of enactments

4

• (1) All frontier control enactments except those relating to transport and road traffic controls shall for the purpose of enabling officers belonging to the United Kingdom to carry out frontier controls extend to France within a control zone.

• (1A) All frontier control enactments relating to transport and road traffic controls shall for the purpose of enabling officers belonging to the United Kingdom to carry out such controls extend to France within the control zone in France within the tunnel system.

• (1AA) All security control enactments shall for the purpose of enabling officers belonging to the United Kingdom to carry out security controls extend to France within the tunnel system.

• (1B) All immigration control enactments shall, for the purpose of enabling immigration officers to carry out immigration controls, extend to France within a supplementary control zone.

• (1C) The Equality Act 2010 shall apply to the carrying out by immigration officers of their functions in a control zone or a supplementary control zone outside the United Kingdom as it applies to the carrying out of their functions within the United Kingdom.

• (2) For the purposes of Article 3 of the UK GDPR and section 207 of the Data Protection Act 2018 (“the 2018 Act”), data which is—

• (a) processed within a control zone in France in connection with the carrying out of frontier controls by an officer belonging to the United Kingdom, ...

• (b) processed within a supplementary control zone in France in connection with the carrying out of immigration controls by an immigration officer, or

• (c) processed within the tunnel system in France in connection with the carrying out of security controls by an officer belonging to the United Kingdom,

shall be treated as processed by a controller established in the United Kingdom in the context of the activities of that establishment (and the UK GDPR and the 2018 Act shall accordingly apply in respect of such data).

• (3) For the purposes of Article 3 of the UK GDPR and section 207 of the 2018 Act, data which is—

• (a) processed within a control zone in the United Kingdom in connection with the carrying out of frontier controls by an officer belonging to the French Republic, or

• (b) processed within a supplementary control zone in the United Kingdom in connection with the carrying out of immigration controls by such an officer,

shall be treated as processed by a controller established in France in the context of the activities of that establishment (and the UK GDPR and the 2018 Act shall accordingly not apply in respect of such data).

• (4) In this article, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018.

Application of criminal law

5

• (1) Any act or omission which—

• (a) takes place outside the United Kingdom in a control zone, and

• (b) would, if taking place in England, constitute an offence under a frontier control enactment,

or any act or omission which—

• (c) takes place outside the United Kingdom in a supplementary control zone, and

• (d) would, if taking place in England, constitute an offence under an immigration control enactment,

shall be treated for the purposes of that enactment as taking place in England.

• (1ZA) Any act or omission which—

• (a) takes place inside the United Kingdom in a control zone and relates to an officer belonging to the French Republic; and

• (b) would constitute an offence under a frontier control enactment if it took place in relation to an officer belonging to the United Kingdom,

shall be treated for the purposes of that enactment as if it were an act or omission which had taken place in relation to an officer belonging to the United Kingdom.

• (1ZB) Section 22 of the UK Borders Act 2007 is modified for the purposes of paragraph (1ZA) so that the reference in subsection (1) of that section to an immigration officer includes a reference to an officer belonging to the French Republic.

• (1A) Summary proceedings for anything that is by virtue of paragraph (1) or (1ZA) an offence triable summarily or triable either way may be taken, and the offence may for all incidental purposes be treated as having been committed, in the county of Kent or in the area comprising the inner London boroughs.

• (2) Any jurisdiction conferred by virtue of paragraphs (1), (1ZA) and (1A) on any court is without prejudice to any jurisdiction exercisable apart from this article by that or any other court.

• (3) Where it is proposed to institute proceedings in respect of an alleged offence in any court and a question as to the court’s jurisdiction arises under Article 38(2)(a) of the international articles, it shall be presumed, unless the contrary is proved, that the court has jurisdiction by virtue of that Article.

Powers of officers and supplementary controls

6

Schedule 3 (which contains in Part I provision as to powers exercisable by constables and other officers and in Part II provision for meeting obligations under Article 25 of the Protocol mentioned in article 1 above concerning the prevention of animals from straying into the Fixed Link) shall have effect.

Enactments modified

7

• (1) Without prejudice to the generality of articles 4(1), 4(1B) and 5(1), the frontier control enactments mentioned in Schedule 4 shall—

• (a) in their application to France by virtue of article 4(1) or article 4(1B), and

• (b) in their application to the United Kingdom—

• (i) within the tunnel system, and

• (ii) elsewhere for the authorised purposes,

have effect with the modifications set out in Schedule 4.

• (1A) Nothing in paragraph (1)(b)(ii) implies the existence of a supplementary control zone in the station of London-Waterloo on British Territory.

• (2) Subject to paragraph (3), within a control zone or a supplementary control zone and on trains within the tunnel system section 54(3) of the Firearms Act 1968[^f00003] (application to Crown servants) shall have effect as if the reference to a member of a police force included a reference to an officer belonging to the French Republic exercising functions as mentioned in Article 28(2) of the international articles or functions under Article 3 of the supplementary articles.

• (3) As respects officers exercising their functions in a control zone paragraph (2) applies only to the agreed number of specifed officers mentioned in Article 28(2)(b) of the international articles.

• (3A) As respects officers exercising their functions in a supplementary control zone paragraph (2) applies only to the number of specified officers agreed in pursuance of the supplementary articles.

• (4) The frontier control enactments relating to transport and road traffic controls in their application to France within the control zone in France within the tunnel system by virtue of article 4(1A) shall have effect as if any reference therein to a “public road” or “road” were a reference to any part of that control zone.

Amendments of enactments and instruments

8

• (1) The enactments mentioned in Part I of Schedule 5 shall have effect subject to the amendments there specified.

• (2) The instruments mentioned in Part II of Schedule 5 shall have effect subject to the amendments there specified.

Repeals and revocations

9

• (1) The enactments mentioned in Part I of Schedule 6 are repealed to the extent there specified.

• (2) The Orders mentioned in Part II of Schedule 6 are revoked to the extent there specified.

SCHEDULE 1 — EXPRESSIONS DEFINED

Expression	Meaning
“2012 Agreement”	The meaning given by article 2(7)
“The Concessionaires”	The meaning given by section 1(8) (read with section 3(3)) of the Channel Tunnel Act 1987.
“Control zone”	A control zone within the meaning of the international articles.
“Frontier controls”	So far as they constitute frontier controls within themeaning of the international articles and are controls in relation to persons or goods, police, immigration, customs, health, veterinary and phytosanitary , and transport and road traffic controls.
“Frontier control enactment”	An Act, or an instrument made under an Act, for the time being in force, which contains provision relating to frontier controls.
“Immigration control enactment”	An Act, or an instrument made under an Act, for the time being in force, which contains provision relating to immigration controls.
“Immigration officer”	The same meaning as in the Immigration Act 1971.
“The international articles”	The meaning given by article 2(3) above.
“International service”	The meaning given in section 13(6) of the Channel Tunnel Act 1987.
“security control enactment”	An Act, or an instrument made under an Act, for the time being in force, which contains provision relating to security controls
“security controls”	Controls in relation to customs carried out for the purposes of the 2012 Agreement
“Shuttle train”	The meaning given in section 1(9) of the Channel Tunnel Act 1987.
“State of arrival”	The meaning given by the supplementary articles.
“State of departure”	The meaning given by the supplementary articles
“The supplementary articles”	The meaning given by article 2(4) above.
“Supplementary control zone”	The part of the territory of the State of departure, determined by mutual agreement between the Governments of the State of departure and the State of arrival but excluding the station of London-Waterloo on British territory, within which the officers of the State of arrival are empowered to effect controls under the supplementary articles.
“Terminal control point”	A place which is an authorised terminal control point for international services for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987.
“Through train”	A train, other than a shuttle train, which for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 is engaged on an international service.
“Train manager”	In relation to a through train or shuttle train, the person designated as train manager by the person operating the international service on which the train is engaged.
“The tunnel system”	The meaning given by section 1(7) of the Channel Tunnel Act 1987.

SCHEDULE 2 — INTERNATIONAL ARTICLES

ARTICLES 1 — DEFINITIONS

PART I — AUTHORITIES AND GENERAL PRINCIPLES OF CO-OPERATION

ARTICLE 2

PART II — FRONTIER CONTROLS AND POLICE: GENERAL

ARTICLE 5

ARTICLE 6

The competence of those juxtaposed national control bureaux shall extend to all cross-frontier movements with the exception of customs clearance of commercial traffic.

ARTICLE 7

ARTICLE 8

Within the Fixed Link, each Government shall permit officers of the other State to carry out their functions in its own territory in application of their powers relating to frontier controls.

ARTICLE 9

The laws and regulations relating to frontier controls of the adjoining State shall be applicable in the control zone situated in the host State and shall be put into effect by the officers of the adjoining State in the same way as in their own territory.

ARTICLE 10

ARTICLE 11

Breaches of the laws and regulations relating to frontier controls of the adjoining State which are detected in the control zone situated in the host State shall be subject to the laws and regulations of the adjoining State, as if the breaches had occurred in the latter’s own territory.

ARTICLE 12

ARTICLE 14

The detailed plans for the Fixed Link and its means of access, shall, in accordance with the relevant provisions of the Concession, delimit among other things:

• (a) the control zones;

• (b) the restricted zones and their sub-divisions;

• (c) railway lines and their means of access included in the control zones;

• (d) the area of the frontier control installations and their means of access.

ARTICLE 16

Where investigations and proceedings concern offences committed in the Fixed Link or having a connection with the Fixed Link, the authorities of the host State shall, at the request of the authorities of the adjoining State, undertake official enquiries, the examination of witnesses and experts and the notification to accused persons of summonses and administrative decisions.

ARTICLE 17

The assistance provided for in Article 16 shall be furnished in accordance with the laws, regulations and procedures in force in the State providing the assistance, and with international agreements to which that State is a party.

ARTICLE 18

If the State of arrival refuses admission to persons, vehicles, animals or goods, or if persons decide not to pass through the frontier controls of the State of arrival, or send or take back any vehicles, animals or goods which are accompanying them, the authorities of the State of departure may not refuse to accept back such persons, vehicles, animals or goods. However, the authorities of the State of departure may take any measures to deal with them in accordance with national law and in a way which does not impose obligations on the other State.

ARTICLE 19

PART III — HEALTH, VETERINARY AND PHYTOSANITARY CONTROLS

ARTICLE 20