APPENDIX 2
Memorandum submitted by Foreign and Commonwealth
Office
GIBRALTAR
1. By letter dated 9 November 1999 the Clerk
to the Foreign Affairs Committee sought an update on elements
of the Government's response to the Committee's report on Gibraltar
(Cm 4470).
THE UK'S
SCHENGEN APPLICATION
2. The Government have previously provided
supplementary information to the Committee on those areas of the
Schengen acquis which at the time of the UK's application they
considered should not apply to Gibraltar (FCO/FAC/027-99 of 6
December 1999). Discussions continue with Spain and the Government
of Gibraltar on issues relating to the UK application. The article
of the draft Council decision relating to Gibraltar's participation
remains open. Parliament will be informed of progress through
the normal scrutiny procedures. We will keep the Committee updated.
GIBRALTAR'S
PARTICIPATION IN
JUSTICE AND
HOME AFFAIRS
Proposals under Title IV
3. Since the Treaty of Amsterdam came into force
on 1 May 1999 there have been a number of proposals under Title
IV of the Treaty. The UK has opted in to the following:
— Draft Regulation concerning the establishment
of "Eurodac" for the comparison of fingerprints of applicants
for asylum and certain other aliens;
— Draft Regulation on jurisdiction
and recognition and enforcement of judgements in civil and commercial
matters;
— Draft Regulation on jurisdiction
and recognition and enforcement of judgements in matrimonial matters
of parental responsibility for joint children;
— Draft Regulation on the service in
Member States of judicial and extra judicial documents in civil
and commercial matters;
— Draft Regulation on Insolvency Proceedings.
4. The Scrutiny Committees have been notified
of other proposals for measures under Title IV. The Government
are currently considering whether to exercise their opt-in to
these proposals.
Application to Gibraltar
5. Under Article 299(4) of the Treaty Establishing
the European Community (TEC) measures under Title IV apply to
Gibraltar. However, the draft Eurodac Regulation would build on
the Dublin Convention, which determines the State responsible
for examining applications for asylum lodged in one of the Member
States, and which does not currently apply to Gibraltar. So in
this case, the draft Regulation can only apply to Gibraltar once
the Dublin Convention applies there.
Proposals under Title VI of TEU
6. To date the Government have submitted
more than 35 proposals for measures under Title VI of the Treaty
on European Union for parliamentary scrutiny. Unlike first pillar
measures, measures adopted under Title VI ("Third Pillar")
do not have territorial application governed by Article 299(4)
TEC. In the absence of a formal territorial application clause,
following established practice regarding international agreements,
it is open to the UK to determine the territorial extent of the
instrument as regards itself and so notify the other parties.
As such the Government of Gibraltar is consulted on a case by
case basis on the application to it of any Title VI proposal.
DRIVING LICENCES,
PASSPORTS
7. There has been no challenge to the validity
of Gibraltar-issued driving licences and passports in the last
three months. We will continue to defend their validity as necessary.
TELEPHONE OPERATIONS
8. The Government have maintained an active
interest in the Gibraltar telephone operations complaint brought
before the Commission by Gibtel and Nynex. As this is a private
complaint, the Government have no formal locus. We have, however,
continued to urge the Commission to make a determination without
delay.
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