Question 10 September 2013 G Watson (ALDE-LibDem)
Subject: Gibraltar and European Union law
Gibraltar joined the European Community alongside the rest of the United Kingdom in 1973, and it is obligated to comply with EC law by virtue of Article 355(3) TFEU.
In the light of the above, can the Commission:
1. Confirm that there are no directives on financial services outstanding for transposition in Gibraltar
2. Confirm that there are no directives on the exchange of information or mutual assistance on tax matters outstanding for transposition in Gibraltar?
3. Say what directives to combat money laundering have been transposed in Gibraltar and whether any remain outstanding?
4. Confirm, based on more general legislation, that all EU directives, the transposition deadline of which has passed, have been transposed in Gibraltar?
Answer 31 October 2013 Commissioner Barnier
1. Currently there are no infringement proceedings pending against the United Kingdom concerning the non transposition of Directives on financial services in Gibraltar.
2. Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and replacing Directive 77/799/EEC was transposed in Gibraltar by means of the Income Tax Act 2010 (Amendment) Regulations 2013, which were published in the Second Supplement to the Gibraltar Gazette No 3977 of 17 January 2013. The said legislation entered into force on 1 January 2013.
3. Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing and Directive 2006/70/EC laying down implementing measures for Directive 2005/60/EC were transposed via two legal acts (No 37 of 2007, and No 38 of 2007, both published in the Gibraltar Gazette on 20 December 2007).
4. As regards all Directives, the Commission points out that, pursuant to the Treaties, it initiates infringement proceedings only against Member States. This being so, it can state that in this instance, as at 30 September 2013, there were 14 cases pending against the United Kingdom for failure to notify national transposition measures.