APPENDIX 1
Memorandum submitted by Foreign and Commonwealth
Office
GIBRALTAR: PATROL BOAT FOR THE ROYAL GIBRALTAR
POLICE: SCHENGEN
By letter dated 9 November 1999, the Clerk to the
Foreign Affairs Committee sought from the Foreign and Commonwealth
Office:
(i) a note on the outcome of the visit to
Gibraltar of the expert team to discuss the operational need for,
and technical specification of, a new fast patrol boat for the
Royal Gibraltar Police (RGP); and
(ii) a statement on the areas where the Government
does not believe it would be appropriate for a part of the Schengen
acquis which is to apply to the United Kingdom to apply also to
Gibraltar.
FAST PATROL
BOAT
Two UK-based officers of the MOD police visited
Gibraltar from 20-22 October at the request of the Foreign &
Commonwealth Office. They held talks with the RGP, the Government
of Gibraltar and the Governor and his staff to assess the RGP's
operational needs; the specification of a vessel needed to fulfil
their duties; maintenance and repair of vessels; and EU procurement
procedures.
The team recommended that the RGP Marine Unit
needed, as a matter of urgency, a sea-worthy Class A fast patrol
boat. Given the length of time it would take to procure and build
a new vessel, the team also floated the option of the RGP obtaining
a second-hand vessel.
The team's assessment and recommendations have
been discussed with the RGP and Government of Gibraltar, who have
confirmed that they prefer the option of a new boat, purchased,
if possible, under accelerated EU procurement procedures (on grounds
of urgency).
FCO Ministerial approval in principle has been
given to co-fund a vessel in FY 1999/2000 from the Gibraltar Good
Government Fund, subject to final discussion of the EU procurement
procedures.
SCHENGEN/GIBRALTAR
The United Kingdom's application to participate
in areas of the Schengen acquis relating to law enforcement and
criminal judicial co-operation was contained in the Home Secretary's
letter of 20 May to the Presidency which was the subject of a
Home Office explanatory memorandum to the House of Lords European
Scrutiny Committee and to the House of Commons European Scrutiny
Committee on 24 June 1999. The UK application stated that for
the purposes of this application the provisions of the Schengen
acquis which the UK intended to accept should apply to Gibraltar
except where the Government believed that application to Gibraltar
would be inappropriate. Articles where the Government did not
seek Gibraltar's inclusion are:
— Articles 40 and 42-3 (to the extent
that they apply to Article 40) on cross-border surveillance. These
provisions were not designed to apply to controlled borders with
customs checks like that between Gibraltar and Spain.
— Articles 48-53 on mutual assistance
in criminal matters. The provisions of this chapter are expressly
intended to supplement the 1959 Convention on Mutual Assistance
in Criminal Matters which currently does not apply to Gibraltar.
We are keeping this under review.
— Articles 59-66 on extradition. The
provisions of this chapter are expressly intended to supplement
the 1957 European Convention on Extradition which currently does
not apply to Gibraltar. We are keeping this under review.
— Articles with a legal base in Article
95 TEC. Gibraltar is outside the Common Customs territory. It
may therefore not be appropriate to apply to Gibraltar provisions
of the Schengen acquis which are allocated a legal base of Article
95 TEC and relate to the free movement of goods. We are keeping
this under review.
The UK's original application also included
Article 41 (hot pursuit) among those measures which would not
apply to Gibraltar. Parliament has been informed through scrutiny
procedures that the UK has now confirmed to the Presidency that
the hot pursuit provisions should not apply to the UK.
Discussion of the draft Council decision on
the UK's application continues. The article of the draft Council
decision which relates to Gibraltar has been left open while negotiations
continue.
Parliament will be notified of progress through
the normal scrutiny procedures.
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