92002E2283

WRITTEN QUESTION E-2283/02

by Bernd Lange (PSE) to the Commission

(24 July 2002)

Subject: Tourist traffic at the border with Gibraltar

This question concerns a European citizen who enjoyed freedom of movement within the European Union during his holiday but encountered obstacles at the border with Gibraltar.

Waiting times there are comparable with what they were before the introduction of freedom of movement. Border formalities are obstructed mainly on the Spanish side.

What steps has the Commission taken or will it take to remove obstacles to tourist traffic on the Spanish-British border of Gibraltar?

Answer given by Mr Vitorino on behalf of the Commission

(12 August 2002)

The crossing point between Gibraltar and Spain is not an internal border, implying the absence of controls, but an external Schengen border; thus, controls on persons are permissible. Furthermore, since Gibraltar is excluded from the Community common customs territory by virtue of Article 29 of the Act of the Accession of the United Kingdom, checks on goods carried by travellers coming from Gibraltar are also necessary.

After having received numerous complaints, the Commission sent, on 30 October 2000, a letter of formal notice to the Spanish Government drawing its attention to the fact that the checks at the crossing point between Spain and Gibraltar might be disproportionate and, therefore, incompatible with Community law.

In its reply of 20 December 2000, the Spanish Government states that the checks carried out are necessary and proportionate. According to the Spanish authorities, persons are required merely to show their passport or identity card and cross practically without needing to stop. The control of goods carried by travellers is implemented by means of random checks performed on not more than one in ten persons or vehicles, with these searches taking not more than one minute in each case. On average, eight vehicles and twenty pedestrians are allegedly cross the boundary line each minute in each direction. Nevertheless, the Spanish Government accepts that, regrettably, queues form in the route for cars at certain times of day.

After careful examination of the reply of the Spanish Government and on the basis of the information supplied by travellers and of further information the Commission has been able to gather, it is concluded that no infringement of Community law is actually being committed.

On 19 March 2002, the Commission announced its intention to close its investigation regarding the Gibraltar-Spanish frontier restrictions having found no evidence to legally support claims that the checks carried out by the Spanish authorities on travellers and on goods carried by travellers are disproportionate and therefore incompatible with Community law.

On 21 March 2002, the Spanish authorities opened a second lane for vehicles, which should have eased the situation on the spot. Since then, Commission has not received any further complaints.