Question 1 August 2013 D Hannan (ECR-Con)
Subject: Border controls Gibraltar
Does the Commission believe that the use of border controls between two EU territories for reasons other than national security, as a mechanism to exert political pressure in an unrelated dispute, is a violation of the European Treaties?
Answer 18 September 2013 Commissioner Malmström
Border checks on persons need to be carried out in accordance with the Schengen Borders Code by a Member State which is part of the Schengen area at its border with a European territory for whose external relations another Member State is responsible and which territory is not part of the Schengen area, independent of any dispute between the Member States concerned.
In addition, if a European territory for whose external relations a Member State is responsible is not part of the customs area of the European Union, a Member State which is part of the customs area also needs to carry out customs checks at the border with that territory.
Checks carried out in accordance with the above provisions are in line with the treaties.
130918 EP – Q D Hannan (ECR-Con) on Gibraltar, A Com Home Affairs Malmström E-009281-2013.pdf