CHANNEL TUNNEL 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 ; “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”; “the international articles” ... “international service”; “shuttle train”; “terminal control point”; “through train”; “train manager”. 4 In this Order— “control zone” includes, subject to paragraph (5), a control zone within the meaning of the Channel Tunnel (International Arrangements) Order 1993 (“the 1993 Order ”) and a control zone within the meaning of the Channel Tunnel (Miscellaneous Provisions) Order 1994 (“the 1994 Order ”); and “Designated State” means the French Republic, the Kingdom of Belgium or the Kingdom of the Netherlands; “the Part II provisions” has the same meaning as in the 1994 Order . 5 In the first place in which it occurs in article 3(1), in article 5(2)(a), and in the Schedule to this Order— a in paragraph 7(b)(iii), b in the second place in which it occurs in paragraph 17C, and c in paragraph 22, “control zone” has the same meaning as in the 1993 Order . 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 ...— 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. 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 Acts and 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 Subject to paragraph (8), in the case of goods intended to be carried in a shuttle train, when they are taken into a control zone in France within the tunnel system, b in the case of goods carried, while the train constitutes a control zone in a Designated State , in a through train carrying passengers on a journey intended to end at a place in Great Britain other than London, at the time when officers become authorised under Article 12 of the international Articles or, as the case may be, under Article 5 of the Part II provisions, to begin to carry out controls, and c in any other case, when they cross the frontier. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 The goods are not to be treated as having been imported where the goods are removed from a control zone before boarding the shuttle train. 9 The treatment of goods as not imported under paragraph (8) does not affect any penalty, forfeiture or punishment, or any investigation, proceeding or remedy in respect of any such penalty, forfeiture or punishment, incurred in respect of the goods while the goods were in the control zone. Alexander W. Russell Commissioner of Customs and Excise New King’s Beam House, 22 Upper Ground, London SE1 9PJ 1st November 1990