Brussels, 15/11/2013 (Agence Europe) - On Friday 15 November, the European Commission published a report on Spain starting that Spain had not broken any EU rules by introducing border controls for people and goods at its border with Gibraltar, at the crossing point called La Linea de la Concepcion. The ruling was in response to a dispute between the United Kingdom and Spain that has been running since July and had led to a series of complaints to the Commission of blocking access to the United Kingdom and its economy.
A group of experts from the Commission's DG Home Affairs, Taxation and Fraud travelled to the crossing on 25 September to examine the various problems brought to the Commission's attention, that go beyond mere border control as an environmental complaint was lodged by Spain in July 2013. The Commission said on Friday about the environmental dispute, however: “The Commission has not found evidence to conclude that the checks on persons and goods as operated by the Spanish authorities at the crossing point of La Linea de la Concepcion have infringed the relevant provisions of Union law.'
The Commission adds: “The management of this crossing point is nevertheless challenging, in view of the heavy traffic volumes in a relatively confined space and the increase in tobacco smuggling into Spain. The Commission believes that the authorities on both sides could take further measures to better address these challenges, and is addressing three recommendations to both Member States.'
In a letter to Spain, the Commission recommends: “1) to optimise the physical space available on the Spanish side of the crossing point in view of ensuring a greater fluidity of traffic (and in particular to review the traffic organisation on entry into Spain and on exit from Spain in order to increase the number of vehicular lanes for travellers or to make better use of the existing lines); 2) to optimise risk-based profiling: carrying out more targeted checks, based on a refined risk analysis, in order to reduce the large amount of random border controls and 3) to develop the exchange of information with the United Kingdom on tobacco smuggling”.
In its letter to the United Kingdom, the Commission recommends: “1) to develop risk-based profiling (in particular Gibraltar should ensure non-systematic and risk analysis-based checks on travellers and their belongings upon exit from Gibraltar at the crossing point of La Linea de la Concepcion); 2) optimising legislation and safeguards in view of contributing to an efficient fight against tobacco smuggling and 3) develop the exchange of intelligence on tobacco smuggling with Spain.'
The environmental compliant lodged by Spain in July is being examined separately, as are various tax issues. The complaint is about an artificial reef constructed by Gibraltar which Spain says prevents Spanish fishermen from gaining access to the area and violates EU environment rules. (SP/transl.fl)