Citation and commencement

1. This Order may be cited as the Channel Tunnel (Customs and Excise) Order 1990 and shall come into force on 1st December 1990.

Interpretation

2.—(1) In this Order–

“the Act of 1979” means the Customs and Excise Management Act 1979(2);

“the Act of 1987” means the Channel Tunnel Act 1987;

“customs approved area” has the meaning given by article 3(1) below;

“the tunnel” except in the expression “tunnel system” means that part of the tunnel system comprising the tunnels specified in section 1(7)(a) of the Act 1987 or any of those tunnels.

(2) In this Order the following expressions have the meanings assigned to them by section 1 of the Act of 1979: “approved wharf”;

• “the boundary”;

• “commander”;

• “the Commissioners”;

• “the customs and excise Acts”;

• “customs and excise airport”;

• “goods”;

• “officer”;

• “owner”;

• “port”;

• “proper”;

• “ship”;

• “shipped” and cognate expressions.

(3)In this Order the following expressions have the same meaning as in the Channel Tunnel (International Arrangements) Order 1993

• “Concessionaires”;

• “control zone”;

• “international service”;

• “shuttle train”;

• “terminal control point”;

• “through train”;

• “train manager”.

Channel tunnel customs approved areas

3.—(1) The Commissioners may approve, for such periods and subject to such conditions and restrictions as they think fit, places in the United Kingdom, and in France in a control zone within the tunnel system, for the customs and excise control of persons, goods or vehicles in relation to the construction, operation or use of the tunnel or any part of it , and may also so approve all or any through trains while they are within any area in the United Kingdom specified in the approval or while they constitute a control zone, and any place or train so approved is referred to in this Order as a “customs approved area”.

(2) Without prejudice to the generality of paragraph (1) above, the conditions and restrictions mentioned in that paragraph may include such as relate to–

(a)the security of a customs approved area;

(b)the access and egress of persons, goods and vehicles to and from it;

(c)the giving of notice to the Commissioners of the arrival of persons at it through the tunnel from France;

(d)the provision of accommodation for the use of the Commissioners and the costs of and incidental to such provision;

(e)the processing of goods in it;

(f)the keeping of records.

(3) Different conditions and restrictions may be imposed in respect of different parts of a customs approved area.

(4) The Commissioners may at any time for reasonable cause revoke or vary the terms of any approval given under paragraph (1).

(5) An officer may at any time enter a customs approved area and inspect it and any buildings and goods in it.

(6)Subject to paragraphs (6A) and (6B) below—

(a)goods imported through the tunnel shall not be unloaded from the importing vehicle, and

(b)goods to be exported through the tunnel shall not be loaded onto the exporting vehicle,

except at a place which is a customs approved area.

(6A)Paragraph (6) above does not apply, except in a case falling within paragraph (6B) below, so as to prevent, restrict or delay the movement between different member States of any goods entering or leaving the United Kingdom.

(6B)The cases mentioned in paragraph (6A) above are those where it appears to the Commissioners or the properofficer that there are reasonable grounds for believing that compliance with paragraph (6) above is required for purposes connected with—

(a)securing the collection of any Community customs duty or giving effect to any Community legislation relating to any such duty;

(b)the enforcement of any prohibition or restriction for the time being in force by virtue of any Community legislation with respect to the movement of goods into or out of the member States; or

(c)the enforcement of any prohibition or restriction for the time being in force by virtue of any enactment with respect to the importation or exportation of goods into or out of the United Kingdom.

(7) Any person contravening or failing to comply with paragraph (6) above or with any condition or restriction imposed by the Commissioners under paragraph (1) above shall be liable on summary conviction to a penalty not exceeding level 3 on the standard scale.

Modification of the Act of 1979

4. The Act of 1979 shall be modified in accordance with the provisions of the Schedule to this Order.

Time of importation, exportation etc.

5.—(1) The provisions of this article shall have effect for the purposes of the customs and excise Actsand of any enactment under or by virtue of which any prohibition or restriction with respect to the importation or exportation of any goods is for the time being in force .

(2)Goods intended to be brought into the United Kingdom through the tunnel shall be treated as being imported into the United Kingdom—

(a)when they are taken into a control zone in France within the tunnel system, or

(b)in the case of goods carried in a through train while it constitutes a control zone in France, when officers become authorised under Article 12 of the international articles to begin to carry out controls.

(5) Subject to paragraph (6) below, where any goods are exported through the tunnel the time of exportation of any goods so exported shall be deemed to be the time when they are loaded onto the exporting vehicle.

(6) In the case of goods of a class or description with respect to the exportation of which any prohibition or restriction is for the time being in force under or by virtue of any enactment and which are exported by vehicle through the tunnel, the time of exportation shall be deemed to be the time when the exporting vehicle departs from the last customs approved area at which goods were loaded onto it for exportation.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4

SCHEDULEMODIFICATIONS OF THE ACT OF 1979

Part II of the Act of 1979: Administration

A1.In section 17(1) (disposal of duties, etc.) the reference to Great Britain shall be construed as including a reference to a control zone in France.

PART III of the Act of 1979: Customs and Excise Control Areas

A2.—(1)For the purposes of section 21 (control of movement of aircraft, etc., into and out of the United Kingdom) references to an aircraft shall be treated as including references to a through train, and in relation to such trains section 21 shall be construed in accordance with sub—paragraphs (2) to (5).

(2)References to a customs and excise airport shall be construed as references to a terminal control point or a place which is a customs approved area.

(3)References to a flight shall be construed as references to a journey, and the reference in section 21(4) to flying shall be construed accordingly.

(4)References to landing shall be construed as references to stopping for the purpose of enabling passengers or crew to board or leave the train or goods to be loaded onto or unloaded from it.

(5)References to the commander of an aircraft shall be construed as references to the train manager of a train.

1. Sections 27(3) and 28(4) (officers' powers of boarding and access, etc.) shall have effect as if a vehicle at, entering or leaving a customs approved area fell within paragraphs (a) to (f) of subsection (1) of section 27 and as if a through train fell within those paragraphs while it constituted a control zone in France .

2.Section 29(3) (officers' powers of detention of ships, etc.) shall have effect as if any vehicle that has arrived from France through the tunnel were a vehicle in Northern Ireland.

3. For the purposes of section 30(1) (control of movement of uncleared goods within or between port or airport and other places) a customs approved area shall be treated as being within the limits of a port, whether or not it is.

3A.In section 31(1) (control of movement of goods to and from inland clearance depot, etc.) the reference to the place of importation shall be construed as including a reference to a customs approved area in France.

4. In section 32(1)(5) (penalty for carrying away officers) the reference to a ship or aircraft departing from any place shall be construed as including a reference to a vehicle which departs from a place which is a customs approved area.

4A.—(1)For the purposes of section 33 (power to inspect aircraft, aerodromes, records, etc.) references to an aircraft shall be treated as including references to a through train and to a shuttle train, and in relation to such trains section 33—

(a)shall have effect as if in section 33(3) the words from “licensed” to “other aerodrome” had not been enacted, and

(b)shall be construed in accordance with sub—paragraphs (2) and (3).

(2)The reference in section 33(1) to the commander of an aircraft shall be construed as a reference to the train manager of a train.

(3)References to an aerodrome shall be construed as references to a place which is a customs approved area.

4B.—(1)For the purposes of section 34 (power to prevent flight of aircraft) references to an aircraft shall be treated as including references to a through train, and in relation to such trains section 34 shall be construed in accordance with sub—paragraphs (2) to (4).

(2)References to a customs and excise airport shall be construed as references to a place which is a customs approved area.

(3)References to a flight shall be construed as references to a journey, and any cognate expression shall be construed accordingly.

(4)The reference in section 34(3) to the commander of an aircraft shall be construed as a reference to the train manager of a train.

PART IV of the Act of 1979: Control of Importation

5.—(1)Section 35(1) (report inwards) shall have effect as if any through train entering the United Kingdom through the tunnel were a ship arriving at a port from a place outside the United Kingdom .

(2) For the purposes of section 35(7)(6) any through train which arrives in the United Kingdom through the tunnel shall be treated as a ship carrying goods arriving in or over United Kingdom waters, and in relation to such a vehicle the reference to the master of such a ship shall be construed as a reference to the person in charge of the vehicle .

5A.In section 40(5) (removal of uncleared goods to Queen’s warehouse) the references to a ship or aircraft shall be construed as including references to a through train.

6. In section 42(1)(a) (power to regulate the unloading, removal, etc. of imported goods) the reference to a ship arriving at a port shall be construed as including a reference to a vehicle arriving at a place which is a customs approved area either in France or through the tunnel from France .

7.In section 49(1) (forfeiture of goods improperly imported)—

(a)the reference in paragraph (a)(ii) to goods unloaded from any aircraft in the United Kingdom shall be construed as including a reference to goods unloaded from a through train or shuttle train which has brought them into the United Kingdom and a reference to goods otherwise brought through the tunnel into the United Kingdom; and

(b)the reference in paragraph (c) to goods found to have been concealed on board any aircraft shall be construed as including references to goods found concealed—

(i)on a through train or shuttle train which has brought them into the United Kingdom,

(ii)on a through train while it constitutes a control zone in France, or

(iii)in a road vehicle in a control zone in France within the tunnel system.

8.Section 50(2) (penalty for improper importation of goods) shall have effect as if–

(a)any person who unloads or assists or is otherwise concerned in the unloading of those goods mentioned in section 50(1) from any vehicle which has arrived from France through the tunnel, or who brings or assists or is otherwise concerned in the bringing of such goods into a control zone in France, were a person who unships such goods in a port; and

(b)any person who removes or assists or is otherwise concerned in the removal of such goods from any customs approved area were a person who removes such goods from an approved wharf.

PART V of the Act of 1979: Control of Exportation

9. In sections 53(7) (entry outwards of goods), 58D(8) (operative date for Community purposes) and 58E(9) (authentication of Community customs documentation) and in section 62 (information, documentation, etc.as to export goods) any reference to goodsshipped or shipped for exportation shall be construed as including a reference to goods loaded onto a vehicle for exportation through the tunnel.

10.—(1) Section 56(1)(10) (failure to export) shall have effect as if goods in respect of which an entry has been accepted and which have not been loaded onto a vehicle for exportation through the tunnel were goods in respect of which an entry has been accepted and which have not been shipped.

(2) Section 56(2) shall have effect as if goods in respect of which paragraphs (a) and (b) of that section apply include goods–

(a)in respect of which an entry has been accepted;

(b)which are due to be loaded for exportation through the tunnel onto a vehicle specified in the entry or by the person having charge of them at the customs approved area of intended loading;

(c)in respect of which no notice has been served under section 56(1); and

(d)which have not been loaded by the time the vehicle departs from the customs approved area at which it has been cleared for departure.

11.—(1) In section 57(1)(11) (delivery of entry by owner of exporting ship, etc.) the reference to goods which are to be exported in an aircraft shall be construed as including a reference to goods which are to be exported through the tunnel in a vehicle and the reference to the owner of the aircraft shall be construed as including a reference to the owner or person in charge of the vehicle.

(2) For the purposes of section 57(4) a vehicle shall be treated as an aircraft.

12.—(1) Subject to subparagraph (2) below, section 58C(3)(12) (export of ships and aircraft) shall have effect as if a vehicle departing on a journey from the United Kingdom through the tunnel were a ship departing for a voyage from the United Kingdom and the reference to the owner of the ship shall be construed as including a reference to the owner of the vehicle.

(2) In its application to a vehicle so departing section 58C(3) shall have effect as if the words “or, where” to “aircraft” had not been enacted.

12A.In section 59 (restrictions on putting export goods alongside for loading)—

(a)in construing the references in section 59(1) to shipment for exportation and in section 59(2)(a) to loading for exportation regard shall be had to paragraph 9 above; and accordingly

(b)references in section 59(2) to a ship or aircraft shall be construed as including references to a vehicle.

13. Section 64(1), (6) and (7)(13) (clearance outwards of ships and aircraft) shall have effect as if a vehicle departing from a place which is a customs approved area on a journey to an eventual destination outside the member States through the tunnel were an aircraft departing from a customs and excise airport on a flight to an eventual destination outside the member States and Isle of Man and–

(a)the reference in subsection (6) to the commander of an aircraft shall be construed as including a reference to the train manager ;

(b)for the purposes of subsection (7) goods loaded onto such a vehicle shall be treated as goods loaded into an aircraft.

14.—(1)Section 65(1) (power to refuse or cancel clearance of ship or aircraft) shall have effect as if a vehicle departing to France through the tunnel were an aircraft and the reference in paragraph (b) of that section to a customs and excise airport shall be construed as including a reference to a customs approved area.

(2) In section 65(2) and (3)(14) any reference to the commander of an aircraft shall be construed as including a reference to the train manager and for the purposes of subsection (2) a written demand left on board a vehicle with the person appearing to be the train manager shall be treated as left on board an aircraft with the person appearing to be in charge thereof.

15. In section 66(1)(15) (power to make regulations as to exportation, etc.) the reference to aircraft shall be construed as including a reference to vehicles leaving the United Kingdom through the tunnel.

16.Section 67(1) (offences in relation to exportation of goods) shall have effect as if goods which have been loaded or retained on any vehicle for exportation through the tunnel were goods loaded or retained on board an aircraft for exportation and the references to the aircraft and to the commander of the aircraft shall be construed respectively as including references to the vehicle and to the train manager .

PART VII of the Act of 1979: Customs and Excise Control: Supplementary Provisions

17. In section 75(1) (explosives) the reference to goods loaded into a ship for exportation shall be construed as including a reference to goods loaded onto a vehicle for exportation through the tunnel.

17A.For the purposes of section 77 (information in relation to goods imported or exported)goods about to be loaded onto a vehicle for exportation through the tunnel shall be treated as goods about to be shipped for exportation, and the reference in subsection (3) to shipment shall be construed accordingly.

17B.For the purposes of section 78 (customs and excise control of persons entering or leaving the United Kingdom)—

(a)a person intending to travel to the United Kingdom through the tunnel who has entered a control zone in France shall be treated as a person entering the United Kingdom,

(b)a person who has travelled from the United Kingdom through the tunnel and is in such a control zone shall be treated as still being a person leaving the United Kingdom, and

(c)concealment shall be taken to include concealment in such a control zone.

17C.For the purposes of section 83(1) (penalty for removing seals, etc.)—

(a)goods which are in a control zone in France shall be treated as being in the United Kingdom, and

(b)goods in a through train shall be deemed to be in the charge of the person operating the international service on which the train is engaged,

and for the purposes of section 83(3)(b) goods which are in a control zone in France within the tunnel system shall be treated as being in the United Kingdom.

18. In section 84(2)(16) (penalty for signalling to smugglers) any reference to a ship shall be construed as including a reference to a vehicle anywhere within the tunnel system (whether in England or in France) and a reference to a through train, and the reference to the United Kingdom shall be construed as including a reference to a control zone in France .

18A.In section 86 (special penalty where offender armed or disguised) the reference to the United Kingdom shall be construed as including a reference to a control zone in France.

19. For the purposes of section 88(17) (forfeiture of ship, aircraft or vehicle constructed, etc. for concealing goods) a vehicle which is or has been in a customs approved area, whether or not such area is within the limits of a port, shall be treated as if it is or has been within the limits of a port.

PART X of the Act of 1979: Duties and Drawbacks—General Provisions

20.Section 134 (drawback and allowance on goods damaged or destroyed after shipment) shall have effect as if goods which have been loaded onto a vehicle for exportation through the tunnel were goods which had been shipped for exportation and as if such vehicle were an exporting ship.

PART XI of the Act of 1979: Detention of Persons, Forfeiture and Legal Proceedings

20A.The power conferred by section 139(1) to seize or detain any thing liable to forfeiture shall be taken to include a power for any officer or constable to seize or detain any such thing in a control zone in France.

21. Section 141(3)(18) (forfeiture of ships, etc. used in connection with goods liable to forfeiture) shall have effect as if a vehicle which has been used in the importation, exportation or carriage of goods through the tunnel were an aircraft and the references to the owner and the commander of an aircraft shall be construed respectively as including references to the owner of a vehicle and the train manager .

22. In section 146(1) (service of process) the reference in paragraph (c) to an aircraft shall be construed as including a reference to a vehicle which has arrived from or is departing to France through the tunnel, and in relation to such a vehicle the second reference to the United Kingdom shall be construed as including a reference to a control zone in France within the tunnel system .

23. In section 154(2) (proof of certain other matters) any reference to goods loaded or to be loaded into or unloaded from an aircraft shall be construed respectively as including references to goods loaded or to be loaded onto or unloaded from a vehicle which is departing to or has arrived from France through the tunnel.

24. In section 159(1)(19) (power to examine and take account of goods) the reference in paragraph (c) to goods which have been loaded into a ship shall be construed as including a reference to goods which have been loaded onto a vehicle for exportation through the tunnel.

25.The persons to whom section 164 (search of persons) applies shall be taken to include any person who is—

(a)in the tunnel system in the United Kingdom;

(b)in a through train in the United Kingdom;

(c)in, entering or leaving a customs approved area in the United Kingdom; or

(d)in a control zone in France.