F1Schedule 1INTERNATIONAL ARTICLES

Annotations:

I1F2PROTOCOLCONCERNING THE ORGANISATION OF BORDER CONTROLS IN THE CONTROL ZONES

Annotations:
Commencement Information
I1

Sch. Protocol in force at 30.9.2020, see art. 1(2)(b)

Amendments (Textual)
F2

Sch. 1 Protocol omitted (coming into force in accordance with art. 1(2)(a) of the amending S.I.) by virtue of The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) (Amendment) Order 2021 (S.I. 2021/1190), arts. 1(2)(a), 2(6)(a)

ARTICLE 3

1

The Officers of the Destination State shall, in the exercise of their national powers, only be permitted in the Control Zone situated in the Host State to detain or arrest persons for criminal offences during the execution of a Border control on persons in accordance with the laws and regulations relating to frontier controls of their own State or persons sought by the authorities of their own State, as follows:

a

No arrest or detention may be made for a criminal offence for which there is no comparable criminal offence under the domestic legislation of the Host State.

b

While performing the controls envisaged in article 2, the Officers of the Destination State may require a person to submit to further examination in order to ensure that such a person may be authorised to enter the territory of the Destination State. Persons required to submit to further examination may bring this examination to an end at any time by discontinuing their wish to enter the territory of the Destination State. In such a case the person shall be directed to the officers of the Host State who will take the necessary measures to submit the person to frontier controls.

c

Any person arrested or detained shall be handed over immediately, along with any seized goods, to the Competent authorities of the Host State. The Host State shall ensure that the Competent authorities are available to receive such a person and to take the necessary measures.