CHANNEL TUNNEL 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 supplementary articles 3A 1 The supplementary articles shall have the force of law in the United Kingdom within a supplementary control zone. 2 Subject to paragraph (4), without prejudice to paragraph (1), officers belonging to the French Republic who are responsible for immigration controls shall to the extent specified in the supplementary articles have rights and obligations and powers to carry out functions in the United Kingdom. 3 Subject to paragraph (4), for the purpose of enabling the authorities of the French Republic to make use in the United Kingdom of the accommodation, installations and equipment necessary for the performance of their functions under the supplementary articles, the Secretary of State for the Home Department 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 by the authorities of the French Republic in consultation with the authorities of the United Kingdom. 4 Nothing in this article implies the existence of a supplementary control zone in the station of London-Waterloo on British Territory. 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. Persons boarding a through train 5A For the purposes of the exercise of any power of an immigration officer in a supplementary control zone in France, any person who seeks to board a through train shall be deemed to be seeking to arrive in the United Kingdom through the tunnel system. 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 (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. Mackay of Clashfern, C. 7th July 1993 Michael Howard One of Her Majesty’s Principal Secretaries of State Home Office 8th July 1993 Brian Mawhinney Minister of State Department of Health 8th July 1993 Gillian Shephard Minister of Agriculture, Fisheries and Food 14th July 1993 Martin Bronn Commissioner of Customs and Excise 16th July 1993