92001E3398

WRITTEN QUESTION E-3398/01

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

(12 December 2001)

Subject: Gibraltar

Under the Brussels process, the UK Foreign Secretary and the Spanish Foreign Minister have undertaken to reach an overall agreement on Gibraltar by next summer (2002). However, the elected representatives of the

population of the territory refused to take part in these talks as they demand the prior recognition of their right to self-determination. While the joint communiqué issued after the ministerial meeting does express a wish for the voice of Gibraltar to be heard, it says nothing about the exercise of this right.

Gibraltar is now recognised as a colonial territory by the United Nations. The question was raised again on 10 October before the fourth (decolonisation) committee.

Can the European Union accept within its ranks a colonial territory in defiance of the wishes of peoples, the only legitimate holders of sovereignty?

Answer given by Mr Prodi on behalf of the Commission

(7 February 2002)

Article 299(4) of the Treaty establishing the European Community states that the provisions of this Treaty shall apply to the European territories for whose external relations a Member State is responsible.

On that basis, Gibraltar, one of Her Majesty's dominions that is not part of the United Kingdom but for whose external relations the United Kingdom is responsible insofar as it is a dependent territory, is part of the European Union, subject though to a number of exemptions under the 1972 Act of Accession of the United Kingdom to the Community.

The dispute over Gibraltar between the United Kingdom and the Kingdom of Spain has not been without untoward effects on the implementation of certain Community policies. Under these circumstances, the Commission can but welcome the resumption of talks between these two Member States and hope that they will be concluded to the satisfaction of all concerned.

However, since there are matters of national sovereignty, the Community institutions have no power whatsoever to interfere in the organisation and conduct of these talks between two Member States.