WRITTEN QUESTION E-3436/01 by Riitta Myller (PSE) to the Commission. Traffic jams in Gibraltar and freedom of movement for citizens.
Date: 2001-12-12
Institutions: European Parliament, Provisional data
Subjects: Gibraltar, Spain, border control, external border of the EU, free movement of persons

5.12.2002

EN

Official Journal of the European Communities

C 301 E/7

reference for the negotiations by an ad hoc committee beginning its work in January 2002. On
29 November 2001, the EU has adopted a common position on the basis of Article 34 §2 a) of the Treaty
on the European Union. Commission services have substantially contributed to the common position and
are currently preparing a recommendation to the Council with the view of authorising the Commission to
take part in those parts of the negotiations relating to Community competencies.

6.
Upon initiative of the Commission, in May 2001 the Union Forum on the prevention of organised
crime was launched. Corruption is one of the topics having been identified as a priority by the Forum’s
participants when it comes to build strategic partnerships between key players in public and private sector
determined to promote the idea of crime prevention.

7.
Lastly, the Commission, has co-funded under its Falcone-programme a project in 2000/2001 of the
University of Ghent on ‘The organisation of the fight against corruption in the Member States and
candidate countries of the EU’ resulting in the first comparative overview of the national policies against
corruption within the Union and its future members.

(1) COM(2000) 358 final.

(2002/C 301 E/005)

WRITTEN QUESTION E-3436/01

by Riitta Myller (PSE) to the Commission

(12 December 2001)

Subject: Traffic jams in Gibraltar and freedom of movement for citizens

The freedom of movement for citizens is one of the four fundamental freedoms of the European Union.
However, it has come to my attention that movement across the border at Gibraltar is difficult, and thus
conflicts with the principle of freedom of movement.

As a result of the dispute which has lasted for years between Spain and the UK over the Gibraltar issue, the
Spanish authorities deliberately slow down traffic at the border crossing by their activities. This leads to
enormous traffic jams both entering and leaving Gibraltar. Private cars are checked and coach passengers
have to walk through the border control building with their luggage. There is no flexibility in practice and
the process is made deliberately inconvenient.

What measures does the Commission propose to take to improve the situation and protect the freedom of
movement for EU citizens between countries in Gibraltar as elsewhere?

Answer given by Mr Vitorino on behalf of the Commission

(7 February 2002)

It should be remembered that the Spanish authorities are not only entitled but actually required to carry
out checks on persons and goods crossing the border between Gibraltar and Spain, as this is an authorised
crossing point on an external border of the Union (Articles 3, 5 and 6(2) of the Convention implementing
the Schengen Agreement) and Gibraltar is not part of the common customs territory (Article 29 of the Act
of Accession of the United Kingdom).

Following complaints, the Commission has contacted the Spanish Government, drawing its attention to the
possibility that the checks being carried out were disproportionate. The Commission is examining the
Spanish authorities’ reply before deciding on what action to take.