Juxtaposed controls

Juxtaposed controls (in French: bureaux à contrôles nationaux juxtaposés, or "BCNJ"; in Dutch: kantoren waar de nationale controles van beide landen naast elkaar geschieden) are an arrangement between Belgium, France, and the United Kingdom whereby border control on certain cross-Channel routes take place before boarding the train or ferry, rather than upon arrival after disembarkation. With the exception of the Eurotunnel route, customs checks remain unaffected by juxtaposed immigration controls and continue to take place upon arrival after disembarkation.

History and perspective

While the juxtaposed controls existed previously, Brexit in 2018 is expected to require an increase at border control. For this reason, it is expected that the UK will have to contribute more to the border.[1] The view of Brexiteer Iain Duncan Smith is that "There is no logical or legal reason why Britain should pay anything towards this. It is an absurdity.".[1]

From France's point of view, the border between France and the UK will be more expensive than the border between Ireland and the UK.[1]

From Hauts-de-France region president Xavier Bertrand, the Traité de Sandhurst is nothing new (Il n'y a rien de nouveau): British will make a check which will only pay a tiny part of the bill.[2]

In 2018, the juxtaposed controls are on a daily flow of 800,000 car parts and huge quantities of food.[1]

It is expected that by 2019 Netherlands will join the arrangement with immigration checks in Netherlands, allowing direct trains from Amsterdam to London through the Eurotunnel.[3]

Rail

Eurotunnel

In 1991, the Sangatte Protocol was signed between France and the UK, an agreement that provided for border checkpoints to be set up by France at Cheriton in Kent and for border checkpoints to be set up by the UK at Coquelles in France. The Protocol was brought into effect for the UK by the Channel Tunnel (International Arrangements) Order 1993, and for France by Presidential Decree. The Protocol is more formally known as 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.[4]

As a result of the agreement, starting from 1994, when travelling from the UK to France by Eurotunnel (road vehicle trains), French immigration and customs checks both take place before departure from Cheriton, rather than on arrival in France. When travelling from France to the UK by Eurotunnel, travellers have to clear both French exit checks and UK immigration and customs checks in Coquelles before boarding the train.

Unlike the juxtaposed controls for the Eurostar and ferry which only consist of immigration pre-embarkation checks, juxtaposed controls for the Eurotunnel consist of both immigration and customs pre-embarkation checks.

In 2002–2003, at the UK immigration checkpoint at Coquelles in France, 2232 people were refused entry into the UK.[5]

Eurostar

On 29 May 2000, the 'Additional Protocol to the Sangatte Protocol' was signed between France and the UK, an agreement that provided for immigration checkpoints to be set up by France in Eurostar stations in the UK and for immigration checkpoints to be set up by the UK in Eurostar stations in France. The UK was eager to conclude the agreement with France because, for several years, many Eurostar passengers arrived in the UK without adequate documentation and a significant number claimed asylum on arrival. As illustration, in the second half of 2000, around 4000 passengers arrived in London Waterloo station without the correct documentation. Furthermore, under French law, there was no liability for SNCF, the French railway company, to check the travel documents of Eurostar passengers (in fact, it was illegal under French law for SNCF to carry out documentation checks), which meant that the Eurostar was an easier way for illegal immigrants to travel from France to the UK than other means of transport (for example, in contrast, an airline carrier would be fined a £2,000 penalty for every passenger without adequate documentation who is brought to the UK, which encouraged airlines to check the travel documents of passengers more carefully).[6]

In July 2004, after a tripartite agreement was signed by Belgium, France and the UK, UK pre-embarkation immigration checkpoints were also established at Brussels Midi station.

As a result of the agreements, when travelling from the UK to Belgium or France by Eurostar, immigration entry checks into the Schengen Area take place before boarding the train in the UK, rather than on arrival in Belgium or France. The immigration entry checks are carried out in the UK stations before embarkation by the French Border Police (which also carries out immigration entry checks on behalf of the Belgian Federal Police for passengers travelling to Belgium). When travelling from Belgium or France to the UK by Eurostar (except on the lines from Marseille and Marne la Vallée-Chessy, see below), passengers clear immigration exit checks from the Schengen Area, as well as UK immigration entry checks, before boarding the train.

Customs checks on Eurostar passengers remain unaffected by the agreements, and continue to take place upon arrival after leaving the train.

Between 2002 and 2003, 2442 passengers were refused entry into the UK at the UK immigration checkpoints in Paris Gare du Nord and Lille Europe stations on the basis that they had inadequate documentation. At Gare de Calais-Fréthun, 56 passengers were refused entry into the UK at the UK immigration checkpoint there.[5]

Northbound passengers on the Marseille line disembark with their luggage in Lille, go through passport and security checks and re-board the train, as Marseille Saint-Charles, Avignon TGV and Lyon Part-Dieu do not have the space or resources to set up immigration posts there (although the previous service from Avignon Centre did have them).

Northbound passengers from Marne la Vallée-Chessy clear French immigration at Marne la Vallée-Chessy, and then UK immigration at the UK arrival stations.

List of rail border controls

In Belgium[7]
  • Brussel-Zuid/Bruxelles-Midi
In France[8]
  • Bourg-St-Maurice
  • Calais-Fréthun
  • Coquelles
  • Lille-Europe
  • Moûtiers
  • Paris-Nord
In the UK[8]
  • Ashford International
  • Cheriton
  • Ebbsfleet International
  • St Pancras International

Ferry

On 4 February 2003, France and the UK concluded the Treaty of Le Touquet (formally known as the Treaty between the Government of the United Kingdom and the Government of the French Republic concerning the implementation of frontier controls at sea ports of both countries on the Channel and North Sea).[9][10][11] This agreement provided for juxtaposed controls on a number of cross-Channel ferry routes. The Treaty was subsequently put into effect in the UK by the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, under the authority of the Nationality, Immigration and Asylum Act 2002.[12]

France has established immigration checkpoints at Port of Dover, where the French Border Police carries out immigration entry checks into the Schengen Area on passengers travelling to Calais or Dunkirk.

At present, the UK has immigration checkpoints at the ports of Calais and Dunkirk (previously, the UK also had an immigration checkpoint at the port of Boulogne-sur-Mer). At Calais and Dunkirk, passengers go through French exit checks as well as UK immigration entry checks before embarkation.

Customs checks on ferry passengers remain unaffected by the Treaty and continue to take place upon arrival after leaving the ferry. Therefore, when travelling from France to Dover, although ferry passengers have already gone through immigration checks before departure, when they arrive in the UK, they might still be stopped by customs officers for a customs inspection. Similarly, when travelling from Dover to France, although ferry passengers have already been through immigration checks by the French Border Police at Dover, they might still be subject to a customs check by French Customs on arrival in France.

Between 2003 and 2007, 10,766 people were refused entry into the UK by UK immigration officers stationed in Calais.[13]

A Joint Operational Coordination Centre has been created at the port of Calais to strengthen co-operation between the UK Border Force, French Border Police and French Customs.[14]

Air

Both British law and the Schengen convention require airlines to perform checks before boarding that passengers have the right to enter the destination country. These are not formal border controls, but checks that the airlines are required to perform. Border controls still take place at the arrival airport.

See also

References

  1. 1 2 3 4 https://www.independent.co.uk/news/uk/politics/french-ports-brexit-uk-pay-emmanuel-macron-theresa-may-a8131096.html
  2. ↑ http://www.lefigaro.fr/langue-francaise/actu-des-mots/2018/01/21/37002-20180121ARTFIG00005-vous-ne-direz-plus-jamais-ces-expressions-de-la-meme-facon.php
  3. ↑ Eurostar launches London-Amsterdam route
  4. ↑ "Protocol between the UK and France concerning frontier controls and policing". Gov.uk. Foreign & Commonwealth Office. 5 November 1993. Retrieved 5 July 2016.
  5. 1 2 "Lords Hansard text for 7 Jul 2003 (230707w03)". Department of the Official Report (Hansard), House of Lords, Westminster.
  6. ↑ "Lords Hansard text for 16 March 2001 (210316-05)". Department of the Official Report (Hansard), House of Lords.
  7. ↑ "Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2007/C 316/01)". European Council. 28 December 2007.
  8. 1 2 "Update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2015/C 229/06)". European Council. 14 July 2015.
  9. ↑ "Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning the Implementation of Frontier Controls at the Sea Ports of both countries on the Channel and North Sea". UK Treaties Online. Retrieved 5 July 2016.
  10. ↑ "Approbation du traité entre le Gouvernement de la République française et le Gouvernement du Royaume-Uni de Grande-Bretagne et d'Irlande du Nord relatif à la mise en oeuvre de contrôles frontaliers dans les ports maritimes de la Manche et de la mer du Nord". Sénat (in French). Retrieved 5 July 2016.
  11. ↑ "Treaty between the Government of the United Kingdom and the Government of the French Republic concerning the implementation of frontier controls at sea ports of both countries on the Channel and North Sea" (PDF). Channel 4. Retrieved 5 July 2016.
  12. ↑ "The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003" (PDF). Refworld. Retrieved 5 July 2016.
  13. ↑ "House of Lords – European Union – Written Evidence". The Committee Office, House of Lords.
  14. ↑ http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/uk-france-joint-declaration/declaration.pdf?view=Binary
  15. ↑ http://gia.info.gov.hk/general/201707/25/P2017072500891_264072_1_1500987862639.pdf
  16. ↑ http://www.info.gov.hk/gia/general/201801/17/P2018011700514.htm
  17. ↑ https://www.legco.gov.hk/yr17-18/english/bc/bc102/general/bc102.htm
  18. ↑ http://www.scmp.com/news/hong-kong/politics/article/2150873/hong-kongs-controversial-china-rail-checkpoint-bill-finally
  • Ryan, Bernard. Extraterritorial Immigration Control: Legal Challenges. Martinus Nijhoff Publishers, 2010, p. 16–19
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