WRITTEN QUESTION E-3558/96 by Laura De Esteban Martin (PPE) to the Commission (12 December 1996)

Subject: Application of Community directives in Gibraltar

Can the Commission report on what progress has been made in the application by the United Kingdom of Community directives in the territory of Gibraltar?

Supplementary answer given Mr Santer on behalf of the Commission (1 July 1997)

Further to its answer of 15 January 1997 ((OJ C 83, 14.3.1997. )), the Commission would point out that it checks the application of Community Directives in the countries and territories covered by Article 227 of the EC Treaty, including the territory of Gibraltar, for which the United Kingdom assumes responsibility for external relations.

The Commission is examining the transposal of Council Directive 77/799/EEC concerning mutual assistance by the competent authorities in the field of direct taxation ((OJ L 336, 27.12.1977. )).

In 1996, infringement proceedings were opened for failure to transpose or incomplete transposal in Gibraltar of Council Directives 93/6/EEC on the capital adequacy of investment firms and credit institutions ((OJ L 141, 11.6.1993. )), 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions ((OJ L 372, 31.12.1986. )) and 94/19/EEC on deposit-guarantee schemes ((OJ L 135, 31.5.1994. )).

Council Directives 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) ((OJ L 375, 31.12.1985. )), 89/592/EEC coordinating regulations on insider dealing ((OJ L 334, 18.11.1989. )), 93/22/EEC on investment services in the securities field ((OJ L 141, 11.6.1993. )), 88/627/EEC on the information to be published when a major holding in a listed company is acquired or disposed of ((OJ L 348, 17.12.1988. )), and 89/298/EEC coordinating the requirements for the drawing up, scrutiny and distribution of the prospectus when transferable securities are offered to the public ((OJ L 124, 5.5.1989. )) have not yet been transposed in Gibraltar. Transposal is expected by the end of 1997.

The Commission has not yet been notified of measures implementing the sectoral Directives on the recognition of qualifications in the different health professions. This involves Directives 93/16/EEC for doctors ((OJ L 165, 7.7.1993. )), 77/452/EEC for nurses responsible for general care ((OJ L 176, 15.7.1977. )), 80/154/EEC for midwives ((OJ L 33, 11.2.1980. )), 85/433/EEC for pharmacists ((OJ L 253, 24.9.1985. )) and Directive 77/453/EEC coordinating the training of nurses responsible for general care ((OJ L 176, 15.7.1977. )). The same is true for the so-called 'general system' Directives 89/48/EEC ((OJ L 19, 24.1.1989. )) and 92/51/EEC ((OJ L 209, 24.7.1992. )), as well as Directive 77/249/EEC concerning the provision of services by lawyers ((OJ L 178, 26.3.1977. )). Transposal measures are still needed for several 'transitory' Directives that, while concerning activities not regulated in Gibraltar, require competent authorities to be designated to provide certificates of professional experience for Gibraltarian migrants. An Article 169 letter has recently been sent to the United Kingdom.

Directives based on Article 100a of the EC Treaty that also have an environmental impact are, in the Commission's view, applicable to Gibraltar, and discussions are currently under way with the United Kingdom authorities on this matter. Nevertheless, Article 169 letters have been sent to the UK authorities for failure to notify national implementing measures with regard to certain Directives.

Apart from the internal market and the environment, there are no problems of any note in other areas of Community law.