From the BBC:
"Spain's Gibraltar checks lawful - EU"
http://www.bbc.co.uk/news/world-europe-24954881
"Spain's Gibraltar checks lawful - EU"
Checks by Spain at its border with
Gibraltar did not break EU laws, the European Commission has ruled. Madrid imposed strict controls at the border with the British territory amid
a row over the creation by Gibraltar of an artificial reef in disputed
waters. The commission's ruling followed a UK complaint and it has also written to
the UK and Spain with recommendations to avoid future delays at the border. But the UK still says the "politically motivated" checks were
unlawful. The commission, which assessed the legality of the checks on 25 September,
advised the UK and Spain to work better together to help fight tobacco smuggling
and cross-border crime. The BBC reported in August that cigarettes were about
40% cheaper in Gibraltar than they were in Spain, fuelling an illegal trade. At
the time Spain said the border checks were intended to combat this
smuggling. The Spanish government says it seized 139 million illegal cigarettes smuggled
in from Gibraltar last year - double the figure for 2009. The commission said that the crossing point was "challenging, in view of the
heavy traffic volumes in a relatively confined space and the increase in tobacco
smuggling into Spain". In its letter to Spain, the commission recommends it makes better use of
existing traffic lanes or adds new lanes on the Spanish side of the border and
uses more targeted checks "to reduce the large amount of random border
controls". In its letter to the UK, the commission recommends the development of
risk-based profiling of travellers and improved laws and safeguards against
tobacco smuggling. Both countries were asked to develop an "exchange of information" with each
other about tobacco smuggling. A Foreign Office spokesman said: "We welcome the fact that the commission has
put Spain on notice. We continue to believe that Spain has acted
unlawfully." He added that despite the commission not finding evidence that EU law was
infringed it "is not the same as concluding that Spain had not acted
unlawfully". And he said the UK did "not rule out taking direct legal action against the
Spanish government" at the European Court of Justice over the border delays.
The Gibraltar government said it also still considered the checks to be
unlawful, but said the recommendations made by the commission represented
progress. The report gives both sides six months to respond to the recommendations, and
Brussels "reserves the right" to revise its view on the legality of Spanish
action and "pay another visit" to the Spain-Gibraltar crossing point if
necessary.
^ This is just another example of the EU's inefficiency. It is always playing the very politically-correct part and doesn't want to place blame on any party even if there is clearly someone to blame. This is also why the UK is moving away from the EU and looking for other options. I do not see this as being fixed in any way. ^
http://www.bbc.co.uk/news/world-europe-24954881
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