CROSS FRONTIER GROUP DOSSIER FEB 2104 by Chamber of Commerce Gibraltar

EUROPEAN UNION: WHATEVER HAPPENED TO THE EU’S FREEDOM OF MOVEMENT? A STUDY INTO THE DELAYS FOR PEDESTRIANS, VEHICLES AND COMMERCIAL TRANSITS AT THE GIBRALTAR/SPAIN BORDER FROM JULY 2013 ONWARDS Prepared and submitted by the Gibraltar/Campo de Gibraltar Cross Frontier Group January 2014

Overview Contents OVERVIEW

BACKGROUND

EU IGNORING THE COMPLAINTS

ECONOMIC IMPACT OF THE QUEUES

- GIBRALTAR - LA LÍNEA DE LA CONCEPCIÓN AND THE CAMPO DE GIBRALTAR

GIBRALTAR CHAMBER OF COMMERCE ECONOMIC IMPACT STUDY

CALL TO ACTION

APPENDICES

I. LETTERS FROM THE EUROPEAN COMMISSION TO THE GOVERNMENTS OF GIBRALTAR AND SPAIN II. CORDOBA AGREEMENT 2006 JOINT COMMUNIQUÉ III. GIBRALTAR CHRONICLE PRESS CUTTINGS IV. TESTIMONIALS V. GIBRALTAR CHAMBER OF COMMERCE ECONOMIC IMPACT STUDY

“freedom of movement for EU workers... is a fundamental principle of Europe, a fundamental principle of the treaties... an indispensable ingredient of European citizenship... an indispensable pillar of the single market... which the Commission will uphold.” José Manuel Durao Barroso, President of the European Commission, January 2014

This report is a study into the long delays experienced by pedestrians, vehicles and commercial transits at the Gibraltar/ Spain border, which were instigated from July 2013 by the Spanish Government. The Spanish authorities are carrying out intensive checks on individuals and vehicles going into and coming out of Gibraltar without allocating the necessary resources and infrastructure to conduct these checks without causing significant delays to anyone crossing the border. The delays caused by these checks continue to the present day.

The Cross Frontier Group supports the Authorities’ efforts to banish smuggling but urges the Spanish authorities to provide adequate resources to guard against the delays and also to organise the checks so as to minimise disruption to legitimate cross-border traffic.

Article 3(c) of the Treaty of Rome states clearly that the provisions of the Treaty shall include: “the abolition, as between Member States, of obstacles to freedom of movement for persons, services and capital;” When read in conjunction with Article 3(k) which states that the Treaty will include: “the association of the overseas countries and territories in order to increase trade and to promote jointly economic and social development” It is clear that these articles are being infringed. It is the contention of this report that Spain is in contravention of these articles which go to the heart of the Treaty of Rome and also that it is infringing the rights not only of its own citizens but also those of the British citizens who live in Gibraltar as well as thousands of other EU citizens who live in the area on either side of the border. This is wholly unjustifiable.

Report on restrictions on the freedom of movement at the border between Gibraltar and Spain

Background The United Kingdom joined the European Economic Community (EEC) in January 1973. As a British Overseas Territory Gibraltar became a member of the EEC at the same time as the UK. Spain became a member of the EU 1986. As a condition of becoming a full EU member the European Commission required the Spanish government to re-open the border with Gibraltar fully and ensure free access and movement so that it was able to comply with Article 3(c) of the Treaty of Rome. The pedestrian border had previously been re-opened in 1982 after a period of 13 years of closure. Vehicles (cars, coaches and trucks) were not given free access to cross the border by Spain until February 1985. The Gibraltar/Spain border has been a source of friction and tension ever since it was fully re-opened in February 1985. Several attempts have been made to resolve outstanding issues by the governments of Gibraltar, the UK and Spain over the years. There has been some success in resolving these issues but it tends not to last long. The Cross Frontier Group (CFG) believes that the actions taken by the Spanish authorities are designed with an ulterior motive in an attempt to destroy the cross-border socio-economic culture that has been built up over three decades. This has already had an effect with evidence of malicious damage against vehicles and property. Unfortunately these latest measures will cause lasting damage and will take many years to heal. The most recent attempts to tackle the border flow issue formed part of a joint communiqué2 announced in Cordoba on 18th September 2006 by the governments of the UK, Spain and Gibraltar. The relevant extract reads as follows:

“More fluid movement of people, vehicles and goods between Gibraltar and the surrounding area will improve the day to day lives of people in Gibraltar and the Campo de Gibraltar. The Spanish Government, through the Agencia Estatal de Administración Tributaria, is already investing close to one and a half million euros in substantial improvement works to its facilities and those of the Guardia Civil. The works will be completed this year, at which time the access will operate on a two lane basis in both directions and the red/green channels system, for both people and for vehicles, will be introduced. The Gibraltar Government has also invested substantial sums of money on the enhancement of its facilities.

Report on restrictions on the freedom of movement at the border between Gibraltar and Spain

2 see Appendix II Cordoba Agreement 2006 Joint Communiqué “We also commit ourselves to keep the situation under review and to study additional measures to further improve the fluidity of both commercial and non-commercial traffic in both directions, bearing in mind the challenge posed by an annual traffic of more than seven million persons between territories with different customs regimes since Gibraltar is outside the EU Customs Union, and given also the fact that the UK (and thus Gibraltar) are outside the Schengen area for external borders purposes. As long as these differences remain, certain controls are necessary, and this, coupled with traffic volumes means that some delays are inevitable. However, we acknowledge that the fluidity of traffic will continue to be an important issue for the Forum given the high numbers of daily movements for reasons of work, commerce and leisure. The excessive controls at the border which began at the end of July 2013 with the implementation of stringent checks have resulted in delays of up to 7 hours for vehicles and up to 2 hours for pedestrians. This desperate situation for the citizens of the area has given rise to a large number of written complaints being submitted to the EU to highlight the inhumane conditions endured daily by both frontier workers and tourists when visiting Gibraltar. Webcams installed at the border by the Gibraltar authorities provide a live feed on the web (http://frontierqueue.gi/split-view-cam.aspx) and record the inordinate delays experienced on a daily basis by workers and tourists alike. The delays caused by these excessive checks continue to this day.

Borderline: Pedestrians, cars and scooters waiting to cross into Spain

Report on restrictions on the freedom of movement at the border between Gibraltar and Spain

After numerous complaints and media coverage David Cameron the UK Prime Minister intervened directly and asked the President of the EU Commission to send an EU delegation to the border to see for themselves. EU inspectors duly visited the border in September 2013. On completion of their visit, the EU Inspection Team made certain recommendations to the authorities of Gibraltar and Spain separately. The Team will visit the area again in the spring of 2014 to reassess the situation and to ascertain if the recommendations have been implemented. The Gibraltar authorities released the contents of the letter detailing the recommendations made by the EU to the Government of Gibraltar. In contrast the Spanish authorities declined to make public the EU’s recommendations made to Spain. Only after a freedom of information request by a UK MEP to the EU Commission have the exact details of the recommendations been made public. Since the visit of the EU inspection team in September 2013 the controls at the border have become even more draconian with traffic and pedestrian queues (on entering and on leaving Gibraltar) of up to 4 hours a regular occurrence. The area where pedestrians are made to wait to cross the border is totally inadequate. People are made to endure summer temperatures of more than 40ºC and wind and rain in the winter months. This situation is all the more inhumane in the case of children, disabled, the aged and the sick.

Excerpt of the letter from European Commission to the Spanish Government (See Appendix I for full text and English translation) As a result of the seemingly passive attitude of the EU authorities towards the inhumane treatment suffered by thousands of EU citizens, the Unions and Commercial Associations from Gibraltar and the Spanish local area have joined together to form an apolitical forum called the Cross Frontier Group (CFG) to MAKE A FORMAL DECLARATION to highlight the inhumane treatment imparted on citizens by the Spanish authorities at the Gibraltar/ Spain border. In the opinion of the CFG such treatment breaches the basic human rights of the affected citizens as well as a number of articles of the Treaty of Rome. The EU authorities have a duty to act to stop this forthwith.

The current situation at all, and we assert that this breaches the basic principles of the Treaty with delays of many hours a daily occurrence, demonstrating that citizens do not enjoy the right to the freedom of movement as at other European borders and that the Spanish Government is not allocating the necessary resources to ensure that delays are reduced and that citizens are not made to suffer as a result of the inadequate facilities at the border.

As representatives of the largest and smallest employers and Unions on both sides of the border with employees who are directly affected by these long delays, the CFG strongly urges that the EU deploys a senior official to be based permanently at the Gibraltar/Spain border with immediate effect to ensure the freedom of movement of EU citizens is upheld at all times. The CFG has reached this conclusion as no urgency whatsoever has been given by the EU to the seriousness of the situation. These delays are costing businesses on both sides of the border loss of business which is leading to increased unemployment and lower economic growth. The EU’s complacency in resolving this matter goes against Article 2 of the Treaty of Rome, namely: “to promote throughout the Community a harmonious development of economic activities, a continuous and balanced expansion, an increase in stability, an accelerated raising of the standard of living and closer relations between the States belonging to it”.

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EU ignoring the complaints

The Spanish authorities justify their actions at the border by raising the issue of the tobacco smuggling. If the risks of smuggling are deemed by Spain to be inordinately high then the Spanish authorities should allocate the necessary resources to deal with those risks. Currently these checks are utterly arbitrary and are not based on even the most basic of risk assessments used by modern law enforcement agencies elsewhere in Europe. The Spanish authorities should organise the process of checking at the border to ensure maximum fluidity. The EU authorities should demand that Spain allocates the necessary resources at the border and should take action against Spain for any breaches as provided under European law.

The Cross Frontier Group feels that the European Commission has thus far ignored the complaints of the affected citizens and has not seen it fit to resolve a situation which has now lasted for six months in spite of numerous complaints. This inaction by the Commission has resulted in the Spanish Government increasing the level of controls with the current situation being far worse than in July. The EU is failing in its duty to uphold the basic terms of what it is to be a European. An example of the way in which the situation has become worse is that Spanish authorities have deployed special units of the Guardia Civil to the border to enforce additional meticulous checks of individuals and vehicles. But these additional resources are deployed so that only one citizen or vehicle is checked at a time and in the meantime everyone else is made to wait. The long queues have inconvenienced thousands of individuals (the vast majority of whom are EU citizens) on a daily basis as they have to endure long waits. It is a testament to the enormous patience and tenacity of these citizens that they have borne this unjustified hardship with such fortitude. Queues are now consistently long, forcing individuals who live in Spain and work in Gibraltar to endure a working day of up to 14 hours, as some regularly spend up to six hours waiting to get in and out of Gibraltar each day. Cross border trade has also been seriously affected as residents no longer venture across the border for shopping or leisure purposes. :

Pedestrians were forced to wait for up to 7 hours to cross into Spain

Vehicular queue waiting to cross from Spain into Gibraltar in August 2013

Spanish border queues: pedestrians, cyclists and cars all held up by Spanish authorities

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Since the border was opened fully in 1985 despite the difficulties with usual cross border fluidity, trade has flourished between the communities of Gibraltar and the Spanish hinterland (Campo de Gibraltar) resulting in a special situation between neighbouring communities, and which has progressively led to a strengthening of both social and economic relationships. However, the present situation which is widely felt and which can only be described as a blockade is not only affecting the working community, it is also affecting the less fortunate, those who are sick and need to cross the border to undergo medical treatment in Spain, or disabled persons who need to travel across for many reasons â&#x20AC;&#x201C; whether they reside in the area or happen to be visiting. Children who cross the border daily to attend school have also had to endure the long queues often getting home late into the night only to have to endure the same conditions early in the morning on their way back to school.

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Economic impact of queues

Gibraltar receives more than eleven million visitors every year. It is one of the most popular tourist destinations for day visitors who holiday on the Costa del Sol. However, since the end of July 2013 when stringent border checks were introduced by the Spanish authorities into and out of Gibraltar without any increase in the resources employed at the border, the fall in the number of visitors to Gibraltar compared to previous years has been notable as the table on the following page shows. This was in spite of the fact that tourist numbers visiting Spain increased by 9% during 2013

Gibraltar

Gibraltar visitor statistics (July – Oct comparison)

Gibraltar has a population of around 30,000 people with a registered workforce of over 22,000 and an unemployment rate of less than 2 per cent. Of its workforce there are around 10,000 frontier workers who live in Spain and cross the border each day to come to work in Gibraltar. These are not only Spanish citizens but also citizens from elsewhere in the EU who have come to work in Gibraltar. They live in Spain as rents are cheaper than in Gibraltar and with the ongoing property crisis on Spain there is a wider choice of property available.

At up to 45 per cent of its total workforce, Gibraltar has probably the highest rate of cross border workers anywhere in the world. With flexible labour laws and a dynamic economy Gibraltar is very good at creating sustainable jobs.

Source: Gibraltar Borders & Coast Guard Agency

Weblink: https://www.gibraltar.gov.gi/statistics/statistics-bytopic-area/2008-tourism-subtopics Similarly, in the same period the fall in the number of visitors to the Upper Rock Nature Reserve (one of Gibraltar´s main tourist attractions) has been as follows:

FIG 1 Gibraltar’s Employment Growth 2000 - 2012

FIG 2 Gibraltar’s GDP (£m) 2000 - 2012

Source: Gibraltar Government Statistics Office

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Source: Gibraltar Government Statistics Office

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La Línea de la Concepción and the Campo de Gibraltar

An article published by the Gibraltar Chronicle on 2nd January 2014 showed the direct effects which the checks and the queues into and out of Gibraltar were having on Gibraltar’s tourism sector. (http:// www.chronicle.gi/headlines_details.php?id=32258 see Appendix III for full article). Visitors to Gibraltar during the peak months of October and November 2013 had decreased by over 40 per cent from the previous year. The article revealed that there had also been a significant fall in the number of ‘G’ plate (Gibraltar registered) vehicles crossing the border into Spain over the same period. The figure for October 2013 was down by 56 per cent compared with October 2012

La Línea has a population of approximately 65,000 people with 20,500 registered workers and an unemployment rate of 37 per cent (source: INE.ES). The population of the entire Campo de Gibraltar (Spanish hinterland) is around 264,000 people. Although higher than Spain’s average rate of unemployment (27.1%) it is reasonable to state that without Gibraltar, La Línea ’s unemployment rate would be higher.

Headline from Gibraltar Chronicle January 2014

La Línea’s economy has developed as Gibraltar’s has progressed over time although Gibraltar’s has diversified considerably in the last 30 years. Once the border was fully re-opened by Spain in 1985, La Línea’s economy began to grow more strongly on the back of Gibraltar’s economic development. Gibraltar is a service-based economy with no manufacturing. Consequently, La Línea and its neighbouring towns in the Campo region have historically supplied many of the basic raw materials for Gibraltar’s own development: building materials, furniture, spare parts, machinery, catering equipment, foodstuffs and so forth. But La Línea and the neighbouring towns in the Campo have benefitted from Gibraltar in another way. Gibraltarians and the cross border workers who work in Gibraltar but live in Spain have spent increasing amounts of their salaries in Spain in recent years: in restaurants, bars, hotels, shops and department stores. This has boosted their own local economies and created employment. The Cross Frontier Group is not against Spanish authorities conducting checks to prevent and discourage smuggling. However, the checks are not being conducted in a targeted manner using risk assessment approach. In short, everyone who crosses the border into Gibraltar, or from Gibraltar into Spain is either subjected to a check or is forced to wait in a single queue whilst others are being checked. This applies to pedestrians, cyclists, cars and scooters. If the risks of smuggling are as high as the Spanish authorities claim then they should allocate sufficient resources to ensure that the necessary checks can be undertaken in a reasonable time and do not cause unnecessary hardship and inconvenience to tens of thousands of EU citizens. .

Further afield Spanish tour operators have benefitted for many years organising day trips to Gibraltar by coach for foreign tourists holidaying on the Costa del Sol. The stringent checks introduced by the Spanish government in August 2013 have caused a sharp downturn in the number coaches coming to Gibraltar. La Línea has very little industry and with little support from successive Spanish governments the town has come to depend on developing its commercial ties with Gibraltar. As part of the Cordoba Agreement, Spain agreed to build an adjoining part of Gibraltar’s air terminal straddling the border and crossing into La Línea in an effort to develop a regional hub airport. Although Gibraltar’s new air terminal is complete and fully operational, to date the additional La Línea link still has not begun. This is an example of how La Linea

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Cordoba Agreement (See Appendix II)

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suffers from a lack of public investment with the objective of driving the economic recovery of La Linea and the Campo de Gibraltar. Similarly, La Línea’s port, which was begun in 1980 but has never developed commercially in spite of its potential, is controlled by the Port Authority of neighbouring Algeciras. These twin assets of the town could help to generate much needed employment and economic growth for La Línea. For different reasons both schemes are beyond the town’s control and progress has been halted. A study conducted in the autumn of 2013 by the Association of Small and Medium Sized Enterprises in La Línea (APYMELL) among its members asked how much their firms depended on Gibraltar businesses and also asked them to estimate what the loss of business had been since the checks and queues began in August 2013.

Gibraltar Chamber of Commerce Economic Impact Study 2009 This was commissioned in an attempt to understand the importance of cross border trade between Gibraltar and the Campo economies. (see Appendix V for the full study) The study was published in 2009 and was based on 2007 data. The Study’s key findings were as follows: • Gibraltar accounted for 1 out of every 6 jobs in the region of the Campo de Gibraltar;

It is clear from both business communities in Gibraltar and in La Línea that the checks and the queues they cause are having an adverse effect on cross border trade and consequently economic growth, employment and the lives of people who live and work there. At this stage no attempt has been made to assess the impact of the checks on businesses further afield (coach operators, restaurants, shops along the Costa del Sol). Consideration may be given to undertaking a more detailed study on this at a later date.

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• Gibraltar’s GDP accounted for just over one eighth of the entire Campo economy in 2007;

• Gibraltar businesses bought £174m (€200m) of goods and services from Spain in 2007;

• Frontier workers earned £126m (€145m) from their jobs in Gibraltar, most of which was spent in Spain thus generating additional economic growth in Spain.

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Call to Action The stringent checks at the Gibraltar/Spanish border have already led to a considerable loss of business to communities on both sides of the border. Should these checks continue they will inevitably lead to companies in Spain and Gibraltar to cease trading with the loss of a significant number of jobs. The Cross Frontier Group calls for urgent action from the European Commission. In particular • Members of the Cross Frontier Group call for an EU Delegation to be sent to oversee that the checks being imposed by the Spanish authorities at the Gibraltar/Spain border. • The delegation should also ensure that the checks into and out of Gibraltar are organised in such a way so as to minimise inconvenience and delays to people cross the border.

Appendices

• The suggestions made by Mr Stefano Manservisi from the EU Commission to the Government of Spain to improve traffic flow should be fully implemented including the adoption of checks based on a risk assessment approach.

About the Gibraltar/ La Línea Cross Frontier Group The Gibraltar/La Línea Cross Frontier Group is made up of the following organisations:

Gibraltar

La Linea/ Campo region Unite the Union

APYMELL

Gibraltar Teachers Association (NASUWT & GTA)

CCOO

GGCA

UGT

Collectively members of the Cross Frontier Group represent the largest collection of employers and employees organisations in the Campo region.

Gibraltar Chamber of Commerce

Gibraltar Federation of Small Businesses

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Appendix I Letters from European Commission to the Governments of Gibraltar and Spain (including English translation)

Based on the observations made during the technical visit on 25th September 2013 and the information provided for that purpose by the authorities of both sides, the Commission finds no evidence to determine that the controls imposed on people and goods crossing the border by the Spanish authorities are in breach of the relevant provisions of EU law. The management of this border crossing poses a considerable challenge, given the high volume of traffic concentrated in a relatively small space (according to Spanish data, about 35 000 people cross the border into Spain daily with a similar number leaving and about 10 000 cars are recorded to go through daily) and the increase in the contraband of cigarettes into Spain. I therefore feel that the authorities of both parties should adopt measures to respond to these challenges. With regard to Spain, these measures would consist of the following: To improve the existing space available on the Spanish side of the border crossing:

Ref. Ares(2013)3491659 - 15/11/2013

• At the entry into Spain, the experts of the Commission noted that the six vehicle lanes on the Gibraltar side are reduced to two upon reaching the Spanish police control, which, in fact is reduced to one lane as most of the travellers use a single channel to reach the Spanish customs checkpoint (green lane for cars whose drivers have nothing to declare). In addition, on entering Spain, the road curves by 180° and at this point cars are mixed with the flow of motorcycles. Even though at the time of the visit the traffic was not especially heavy, the Commission experts were able to observe significant congestion of vehicles at that point. In our opinion, this configuration creates a funnel effect which can be considered as one of the causes of traffic congestion at the border crossing. Therefore, the Commission recommends that Spain reviews the organisation of traffic at this point with the aim of increasing the number of lanes available to travellers with nothing to declare, especially by using the free space available in the vicinity of this point¹. 1 For example, the open space on both sides of this point, which is currently used to store retained vehicles.

English translation of letter from the European Commission to the Spanish Ambassador November 2013

HE Ambassador, On behalf of all Commission services involved, I sincerely thank the Spanish authorities for their cooperation in organizing and conducting the technical inspection team of experts from the Commission held at the border of La Linea de la Concepcion on September 25th, 2013. I would like to express my gratitude for all the information provided by the authorities to the Commission before, during and after the visit. I wish to point out that the purpose of the visit was to observe the controls on people and goods made by the authorities of both parties at the entrance and exit, as well as to assess the situation with regards to the fight against cigarette smuggling. The other problems raised by Spain relating to the environment are being dealt with separately by the competent services of the Commission.

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• On leaving Spain, the experts noted that, of the two existing lanes in fact only one remains available for traffic. The cars only branch into two lanes at the Spanish police checkpoint. The reason for this is that a long section of the lane is kept clear in both directions and is left free for emergencies (as explained by the Spanish authorities during the visit). The Commission calls on Spain to review the organization of this traffic in order to make full use of the existing two lanes, especially during peak hours. • I would like to invite the Spanish authorities to consider the possibility of using financial support from the European Fund for External Borders/Home Security Fund for this purpose. I would also suggest the possibility of including the modernization of border crossing in the Cooperation Agreement and in the Operative Programmes of the Instruments of Cohesion Policy for the period 2014-2020. Improve risk profile assessment: • The Spanish authorities have indicated that the in depth controls on passenger vehicles and luggage are made based on a risk analysis. However, based on observations made during the visit² and the detailed responses provided by Spain, there seems to be a clear margin of improvement with respect to better defining which cases require an in depth control, refining risk profiles, instead of performing as many random checks that can carried out with the available resources.

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Random checks should only be one of the criterion used in assessing risk profile and should be proportionate. Furthermore, the Commission trusts that the new controls strategy that Spanish authorities have stated have been applied from October 2013 (as recorded in its response to Question 2.1, p. 12) is helping to refine this risk profile assessment. â&#x20AC;˘ The Spanish authorities have reported that the Spanish customs make random checks on leaving Spain. However, the responses provided by the Spanish authorities on the reasons for these checks and the results obtained show that the intensity of these controls are not justified and therefore could be reduced, which would improve the flow of travellers from Spain to Gibraltar. Improve the exchange of information on tobacco smuggling: â&#x20AC;˘ It has been observed that, in most cases, the crime of smuggling cigarettes into Spain may also be a crime in Gibraltar concerning the export and possibly the sale of cigarettes. Nevertheless, the formal exchange of information in these cases is very low or even non-existent. Thus, the Spanish authorities are encouraged to engage in greater dialogue with their counterparts for exchange of confidential data on tobacco smuggling, therefore improving the ability for both sides to enforce the law with a view to solving the problem

2 Experts from the Commission noted that checks were performed on approximately eight out of ten vehicles, which, according to the Spanish authorities, corresponds to approximately medium intensity controls . I wish to inform with full transparency that I am also sending recommendations to the authorities of the United Kingdom in order to contribute to a fight against the contraband of tobacco. Finally, as in any border crossing, the best results in the fight against smuggling and cross-border crime, and the maintenance of a free flow of traffic are achieved by daily cooperation between authorities working at both sides of the border. Therefore, I would encourage the Spanish authorities to strengthen its constructive dialogue with their counterparts in order to achieve this objective. I am forwarding a similar recommendation to the UK authorities. I would be grateful if the Spanish authorities would forward me information on how the previous recommendations have been taken into account, within a period of six months from the date hereof. The Commission reserves the right to reconsider its position should the situation change or evolve, and to make another visit to the border crossing at La Linea de la Concepcion should this be necessary at a future date. Assuring you of my highest consideration. Stefano Manservi

Letter sent to: Excmo. Sr. D. Alfonso DASTIS QUECEDO Embajador Extraordinario y Plenipotenciario Representacion Permanente de Espana ante la Union Europea Boulevard du Regent, 52 B-1000 Bruxelles Bruselas, HOME CI/VE Ares(2013)

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Appendix II Cordoba Agreement 2006 Joint Communiqué 18.09.06 COMMUNIQUÉ OF THE MINISTERIAL MEETING OF THE FORUM OF DIALOGUE ON GIBRALTAR. 1. The Minister of Foreign Affairs and Co-operation of the Kingdom of Spain, Mr Miguel Angel Moratinos, the Minister for Europe of the United Kingdom of Great Britain and Nothern Ireland, Mr Geoff Hoon and the Chief Minister of Gibraltar, Mr Peter Caruana held the first ministerial meeting of the Trilateral Forum of Dialogue on Gibraltar (“the Forum”) in Cordoba today under the terms of the Joint Communiqué of 16 December 2004. 2. Since the establishment of the Forum there have been five rounds of discussions. This has made it possible to address a number of issues in detail, and in a constructive spirit, and to resolve them in a way acceptable to Governments of Spain, the United Kingdom and Gibraltar (“the participants”), so as to benefit both Gibraltar and the Campo de Gibraltar, and thus contribute to the creation of a constructive atmosphere of mutual trust, respect and co-operation. 3. We are therefore happy to announce today a package of agreements which we believe will enhance the economic and social development of both Gibraltar and the surrounding region, in particular the Campo de Gibraltar. These agreements show our commitment to the solution of specific problems but have no implications whatsoever regarding sovereignty and jurisdiction, or regarding any issues thereby affected, and any activity or measure undertaken in applying them, or as a consequence of them, is understood to be adopted without prejudice to the respective positions on sovereignty and jurisdiction. The Government of Gibraltar understands and accepts that references to sovereignty in this Communiqué are bilateral to the UK and Spain. The Pensions Issue 4. We are glad to announce a settlement of the issue of the pensions of former Spanish workers in Gibraltar, the details of which are set out in the Statement on Pensions attached to this Communiqué as Annex 1. From our earliest discussions about the establishment of the Forum, we agreed on the need to tackle this issue, given the age and financial vulnerability of the group of people affected. Thanks to the thorough work carried out by our technical experts and to our political determination to resolve this issue, we are able to offer a solution which we believe is fair and balanced to all the former Spanish workers who suffered the consequences of decisions adopted in the 1960s.

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Every affected pensioner will be personally informed of this offer shortly, and we hope that those affected will welcome the settlement which the participants regard as final. The Gibraltar Government will make a separate statement shortly in respect of other Gibraltar pensioners. Gibraltar Airport 5. We have also been able to agree upon arrangements that will facilitate the enhanced use of the Gibraltar Airport for civilian air traffic for the benefit of Gibraltar and the Campo de Gibraltar. Details of the agreement are set out in the Statement on Gibraltar Airport attached to this Communiqué as Annex 2. The full implementation of that Statement entails the construction of a new single air terminal adjoining the south side of the fence/frontier, and related road and access works. We have therefore agreed to advance, as far as possible, the implementation of many of the provisions of that Statement, so as to enable the citizens of Gibraltar and the surrounding area to enjoy the benefits thereof even before these civil works are completed. Fence/Frontier 6. More fluid movement of people, vehicles and goods between Gibraltar and the surrounding area will improve the day to day lives of people in Gibraltar and the Campo de Gibraltar. The Spanish Government, through the Agencia Estatal de Administración Tributaria, is already investing close to one and a half million euros in substantial improvement works to its facilities and those of the Guardia Civil. The works will be completed this year, at which time the access will operate on a two lane basis in both directions and the red/ green channels system, for both people and for vehicles, will be introduced. The Gibraltar Government has also invested substantial sums of money on the enhancement of its facilities. 7. We also commit ourselves to keep the situation under review and to study additional measures to further improve the fluidity of both commercial and non-commercial traffic in both directions, bearing in mind the challenge posed by an annual traffic of more than seven million persons between territories with different customs regimes since Gibraltar is outside the EU Customs Union, and given also the fact that the UK (and thus Gibraltar) are outside the Schengen area for external borders purposes. As long as these differences remain, certain controls are necessary, and this, coupled with traffic volumes means that some delays are inevitable. However, we acknowledge that the fluidity of traffic will continue to be an important issue for the Forum given the high numbers of daily movements for reasons of work, commerce and leisure. Telecommunications 8. In the field of telecommunications, and in order to both address the current limitation on the quantity of telephone numbers in Gibraltar accessible from and through the Spanish network, and also enable roaming agreements between networks in Spain and Gibraltar for mobile telephones, telephone calls from Spain to Gibraltar will be channelled using the technical procedures for international direct dialling recommended by the International

These arrangements will become operational within four months from to-day’s date, and the 30,000 telephone numbers reserved by Spain in its national numbering plan for access to the Gibraltar network will then be available for reassignment in Spain. Since the introduction of mobile roaming is a matter for the Network operators, the participants shall request from their respective telephone Network operators that, as soon as possible, they enter into appropriate commercial agreements, in accordance with the rules of the free market and in compliance with the EC Electronic Communications Directives (Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services) and other legal community provisions on electronic communications, all of which have been brought into effect. Instituto Cervantes 9. We welcome the proposal by the Spanish Government to establish in Gibraltar an Instituto Cervantes. The Instituto Cervantes is dedicated to increasing knowledge of the Spanish language and culture. We welcome also the Gibraltar Government’s agreement to make available suitable premises for the Institute, and its willingness to facilitate its early establishment. Comisión Mixta de Cooperación y Colaboración 10. We encourage the “Comisión Mixta de Cooperación y Colaboración established between the Mancomunidad de Municipios de la Comarca del Campo de Gibraltar and the Gibraltar Government” to continue its work for the development of local co-operation. We would also welcome the participation in the Comision Mixta of the Junta de Andalucia, as this would enhance the efficacy of this process in areas of its competence. Ports 11. We welcome and encourage the co-operation between the port authorities of the Bay in relation to issues relating to their operations, and in continuing to explore possibilities for collaboration in fields of common interest. Commitment to the Forum 12. We reiterate our full commitment to continue the process of dialogue entailed by the Forum, with its open agenda, on any issue relating to or which affects Gibraltar. We have had an exchange of views about the range of issues that could be discussed in future meetings of this Forum.

Telecommunications Union for all States and territories, including the territory of Gibraltar. In addition, the Spanish network operators will be able to accept the codes assigned to Gibraltar by the aforementioned organization, in order to identify the operators in that territory.

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Appendix IV

I understand that they do their job or what they are told to do. But I believe that the Guardia Civil the same as the Black Berets who have been temporarily placed at the frontier, and who are more than qualified for such work ,to fight against smuggling. I.e. they know who to check and who are the individuals or “mafias” that traffic in tobacco.

Testimonials: Includes extracts from Social Media

I do not understand why every single person is checked, thousands of people, one by one. As if all who crossed the border were criminals and traffickers. Forming and creating long queues for hours for both pedestrians and vehicles.

As a Spanish citizen working in Gibraltar I want to express my opinion on the problem of the border queues and how they affect thousands of workers and tourists who every day cross the border.

The general feeling in the queue is despair, helplessness and fear of the reprisals.

“

The Guardia Civil check cars at the entry and exit of the border the same as to pedestrians, especially at the exit from Gibraltar, with the excuse or pretext of combating smuggling. I understand that they do their job or what they are told to do. But I believe that the Guardia Civil the same as the Black Berets who have been temporarily placed at the frontier, and who are more than qualified for such work ,to fight against smuggling. I.e. they know who to check and who are the individuals or “mafias” that traffic in tobacco. I do not understand why every single person is checked, thousands of people, one by one. As if all who crossed the border were criminals and traffickers. Forming and creating long queues for hours for both pedestrians and vehicles. I have personally lived this situation unfortunately quite a lot lately. After finishing my working day and with a desire to get home, I have got to the border to find an hour and a half pedestrian queue waiting to cross the border. Having to get in the queue with the unfavourable weather conditions on the day and unable to complain for fear that the check on myself would be even greater and it would take me even longer to get home. The general feeling in the queue is despair, helplessness and fear of the reprisals. Generally speaking, we felt like we were in queue to a concentration camp or as if we were cattle being led to the slaughter. Just across the border are the agents of the civil guard controlling the queue, a single row, and checking one person at a time, looking at bags frisking individuals and their properties. Unacceptable, ridiculous and exaggerated from my point of view. As a Spanish citizen working in Gibraltar I want to express my opinion on the problem of the border queues and how they affect thousands of workers and tourists who every day cross the border. The Guardia Civil check cars at the entry and exit of the border the same as to pedestrians, especially at the exit from Gibraltar, with the excuse or pretext of combating smuggling.

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Report on restrictions on the freedom of movement at the border between Gibraltar and Spain

I have personally lived this situation unfortunately quite a lot lately. After finishing my working day and with a desire to get home, I have got to the border to find an hour and a half pedestrian queue waiting to cross the border. Having to get in the queue with the unfavourable weather conditions on the day and unable to complain for fear that the check on myself would be even greater and it would take me even longer to get home.

Generally speaking, we felt like we were in queue to a concentration camp or as if we were cattle being led to the slaughter. Just across the border are the agents of the civil guard controlling the queue, a single row, and checking one person at a time, looking at bags frisking individuals and their properties. Unacceptable, ridiculous and exaggerated from my point of view. And don’t get me wrong, I am not in favour of one country or another or one policy or another. In my testimony I want to reflect the reality of what happens at the border and what many workers and I suffer every day, and a problem that no one seems interested or look away. Stop it, do something to improve this situation, we can move freely and in peace .That before being English, Spanish or Gibraltarian, and WE ARE ALL PEOPLE have the same rights.” These are just some of the thousands of comments posted on one or more of local Gibraltar Facebook Groups since August 2013: The main sites are: Facebook/Gibraltar Politics, Facebook/Llanito Politics, Facebook/Speak Freely. “Spain made a severely disabled man and thousands of other pedestrians wait 2+ hours to cross the border today. How can this be tolerated from an EU country and a `NATO ally`??” “How can this be tolerated from an EU country? Easy, it has the right pedigree! Think about it... Franco, Hitler, Mussolini, etc. etc. The only thing that changed is that while we joined the repentant Fascists in their club for European domination we allowed the unrepentant sPain to join and suck the life blood out of Europe.” “I was in the queue as well and there was one man having cancer treatment stuck in there and a woman with a small child who came out of the pram and the mum nearly lost her child. The Guardia and the person giving them their instructions are disgusting” “This makes me so sad :( I grew up in Spain with my Dad working in Gib. My family now live in Gib after 25yrs on the coast and I hate that they can’t come back and forth freely. My sister in law is Spanish and my brother wants to live in Spain as prices in Gib are ridiculous and the government are making this hard for them. I’m proud to have spent so long growing up as Spanish and English but I’m ashamed they feel the need to be so pig headed.”

Report on restrictions on the freedom of movement at the border between Gibraltar and Spain

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“As a foreigner, who visit Gib from to time, this policy of border harassment just make me fly straight into Gib rather than going to Malaga, which for me would be easier. I think it’s pathetic and stupid. Gibraltareans are the only ones, who has the right to decide whether Gib stay british or not.”

Unacceptable, ridiculous and exaggerated from my point of view. And don’t get me wrong, I am not in favor of one country or another or one policy or another. In my testimony I want to reflect the reality of what happens at the border and what many workers and I suffer every day, and a problem that no one seems interested or look away. Stop it, do something to improve this situation, we can move freely and in peace .That before being English, Spanish or Gibraltarian, and WE ARE ALL PEOPLE have the same rights.

“nows the time for inspectors to be here.” “Disgraceful!!!!!” “This is so very wrong” “Inhumane !” “And the worst of all the problem is that nobody Nobody Is doing anything about it on land at sea and at the end of the day S-pain is going to get a pat on the back by the E U and we are going to get all the blame really INHUMANE” “Agreed inhuman but, why dont they do something about it, after all the ones suffering this humiliation are mainly spaniards,” “Inhuman and the worst part is that they get away with it. Shame on those responsible for this barbaric act!” “CRIMINALS!” “Regardless of if this man is local or not is irrelevant. This goes against all humanity and should be condemned by every one.”

“

“EU should intervene the toothless shower, no political will no courage no bloody good.”

Additional links (sign in may be required)

https://www.facebook.com/photo.php?fbid=731076633573679&set=a.716098001738209.1 073741828.716071458407530&type=3&theater http://alacarta.canalsur.es/television/video/mister-vecino/431682/9 http://www.youtube.com/watch?v=Q8ONXwKi8JM http://www.youtube.com/watch?v=ApEEENy8S6g http://www.youtube.com/watch?v=0O7zgf1XiYY http://www.youtube.com/watch?v=wVXR1lJ1J_s

As a Spanish citizen working in Gibraltar i want to express my opinion on the problem of the border queues and how they affect thousands of workers and tourists who every day cross the border. The Guardia Civil check cars at the entry and exit of the border the same as to pedestrians, especially at the exit from Gibraltar, with the excuse or pretext of combating smuggling. I understand that they do their job or what they are told to do. But I believe that the Guardia Civil the same as the Black Berets who have been temporarily placed at the frontier, and who are more than qualified for such work ,to fight against smuggling. I.e. they know who to check and who are the individuals or “mafias” that traffic in tobacco. I do not understand why every single person is checked, thousands of people, one by one. As if all who crossed the border were criminals and traffickers. Forming and creating long queues for hours for both pedestrians and vehicles. I have personally lived this situation unfortunately quite a lot lately. After finishing my working day and with a desire to get home, I have got to the border to find an hour and a half pedestrian queue waiting to cross the border. Having to get in the queue with the unfavorable weather conditions on the day and unable to complain for fear that the check on myself would be even greater and it would take me even longer to get home. The general feeling in the queue is despair, helplessness and fear of the reprisals. Generally speaking, we felt like we were in queue to a concentration camp or as if we were cattle being led to the slaughter. Just across the border are the agents of the civil guard controlling the queue, a single row, and checking one person at a time, looking at bags frisking individuals and their properties.

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Report on restrictions on the freedom of movement at the border between Gibraltar and Spain

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Report on restrictions on the freedom of movement at the border between Gibraltar and Spain

031

A STUDY INTO THE DELAYS FOR PEDESTRIANS, VEHICLES AND COMMERCIAL TRANSITS AT THE GIBRALTAR/SPAIN BORDER FROM JULY 2013 ONWARDS.