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Spain Seeks To Exclude Gibraltar From EU External Frontier Regulations
by Jason Gorringe, Tax-News.com, London

24 December 2003

The office of the Chief Minister of Gibraltar has asked the UK government to clarify the facts surrounding Spain’s reported objection to the involvement of Gibraltar in a future External Frontiers Regulation, effectively banishing the jurisdiction from the EU’s internal borders.

The request follows a report in Monday’s Gibraltar Chronicle which revealed that the Spanish government registered its objection on November 27th this year. The Chief Minister’s office responded: “The Gibraltar Government has not been made aware of this, nor of any UK response. GOG is seeking clarification of the facts from HMG.”

The government’s statement continued: “The historical position of HMG, and the recently confirmed position of the EU Commission, is that Gibraltar cannot be excluded from any External Frontiers Regime. Declaring the La Linea border an external land frontier of the EU would have the effect of excluding Gibraltar from the External Frontiers regime."

“Such exclusion would be wholly unacceptable to Gibraltar and would be incompatible with any expectation that Gibraltar could continue to accept the burdens of EU membership while being excluded from fundamental elements of the EU structures."

“The Gibraltar Government has warned HMG that language contained in the proposed draft new EU treaty may strengthen Spain’s hand in relation to seeking Gibraltar’s exclusion from external frontiers measures. HMG has sought to assure the Gibraltar Government that our concerns are unjustified.”

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