Article 3 Channel tunnel customs approved areasI1

United Kingdom

(1)

The Commissioners may approve, for such periods and subject to such conditions F1and restrictions as they think fit, places F2in 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 F3, 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.

F4(6)

F5...—

(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.

F6(6A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations

Textual amendments

F1: Words in art. 3(1) inserted (2.8.1993) by The Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813), art. 1, Sch. 5 Pt. 2 para. 9(a)(i)
F2: Words in art. 3(1) substituted (2.8.1993) by The Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813), art. 1, Sch. 5 Pt. 2 para. 9(a)(ii)
F3: Words in art. 3(1) substituted (2.8.1993) by The Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813), art. 1, Sch. 5 Pt. 2 para. 9(a)(iii)
F4: Art. 3(6)-(6B) substituted for art. 3(6) (2.8.1993) by The Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813), art. 1, Sch. 5 Pt. 2 para. 9(b)
F5: Words in art. 3(6) omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 8(1)(a); S.I. 2020/1643, reg. 2, Sch.
F6: Art. 3(6A)(6B) omitted (31.12.2020) by virtue of The Customs (Temporary Storage Facilities Approval Conditions and Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1247), regs. 1(2), 8(1)(b); S.I. 2020/1643, reg. 2, Sch.

Commencement

I1: Art. 3 in force at 1.12.1990, see art. 1