15 Nov 2013

‘No evidence’ Spain broke EU law with Gibraltar delays

European Commission investigators say there is no proof Spain acted illegally by stepping up border checks at the crossing into Gibraltar – but Britain could still take legal action.

Queues at Gibraltar border (Reuters)

A team of commission investigators headed to the border between Spain and the tiny British overseas territory in September after the Spanish authorities suddenly tightened its frontier controls.

Spain said the measures were needed to crack down on tobacco smuggling from the territory, but the action led to long queues at the border, used by thousands of Spanish workers to cross into Gibraltar.

The UK government complained, saying the blanket checks on cross-border traffic amounted to a breach of EU law. Foreign Secretary William Hague said ambulances had been searched and essential building materials turned back, and accused the Spanish authorities of “aggressive behaviour”.

The commission said today that it had received many complaints about delays of up to eight hours at the frontier.

But it said it had “not found evidence to conclude that the checks on persons and goods as operated by the Spanish authorities at the crossing point of La Línea de la Concepción have infringed the relevant provisions of union law”.

The report went on: “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.”

The team recommends that the Spanish authorities use “risk-based profiling” and “more targeted checks” rather than stopping large numbers of cars at random. It also urges the UK to step up efforts against tobacco smugglers.

The European Commission says it will continue to monitor the situation and has asked for an update from both countries within six months.

‘Disappointed but not surprised’

A government spokesman reacted to today’s reported by saying: “We are disappointed. Our position is that the action Spain has taken is illegal.”

A Foreign Office spokesman told Channel 4 News: “We are not ruling out taking direct legal action against Spain.”

David Lidington, the minister for Europe, said it was not surprising the investigators found no evidence of lawbreaking, as the Spanish scaled back the checks when the team were at the border.

He said in a statement: “Unacceptable border delays of up to four hours continue to impact on peoples’ lives in and around Gibraltar. It is right that the commission is making strong recommendations to the Spanish government to improve the situation, and I welcome their commitment to follow up within six months.

“We and the government of Gibraltar have said for years that there are simple measures Spain could and should take, such as increasing the number of lanes and resources at the border, to improve border functioning. I fully expect the Spanish government to act on Commission’s recommendations.

“The fact that the commission has hinted at a possible future visit further demonstrates their ongoing concern. It is unsurprising that the commission found insufficient evidence that Spain is breaking EU law, as the Spanish checks were significantly reduced during the commission’s visit.

“We remain confident that the Spanish government has acted – and continues to act – unlawfully, through introducing disproportionate and politically motivated checks at the Gibraltar-Spain border. And we will continue to provide evidence of that to the commission.”

Fishing row

The spat over the border crossing was widely seen as an escalation of a row between Spain and the government of Gibraltar after the territory dumped 74 concrete blocks in disputed waters off the coast.

The official reason was to encourage marine biodiversity, but the concrete “reefs” have the effect of blocking Spanish fishing vessels from trawling off Gibraltar – a long-standing source of grievance in the territory.

The Spanish government of prime minister Mariano Rajoy responded by saying it was considering charging people a fee to cross the border, and would be taking a closer look at the tax concessions which have made Gibraltar the home to several major online gambling businesses.

The root of the conflict – the dispute over which country should rightfully exercise sovereignty over the Rock – goes back centuries.