ANNEX III
COPY OF LETTER
From
:
Mr. Javier SOLANA, Secretary General of the Council of the European Union
Date
:
19 April 2000
To
:
Permanent Representatives of the Member States and to other institutions of the European Union
Subject
:
Gibraltar authorities in the context of E.U. and E.C. instruments and related treaties
I hereby circulate a document which contains agreed arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties (‘the arrangements’), together with an exchange of correspondence between the Permanent Representatives of the United Kingdom and Spain, which, in accordance with paragraph 8 of the arrangements, are notified to the Permanent Representatives of the Member States and to the other institutions of the European Union for their information and for the purposes indicated in them.
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The Permanent Representative
19 April 2000
HE Mr Javier Elorza
Permanent Representative of Spain to the European Union
BRUSSELS
United Kingdom
Permanent Representation
To the European Union
Avenue d'Auderghem 10
1040 Brussels
Telephone: 0032 2 287 8211
Telex: 24312
Facsimile: 0032 2 287 8398
DID: 0032 2 287 8231
I refer to the discussions which have taken place between our two Governments to resolve certain difficulties which have arisen relating to Gibraltar authorities in the context of EU and EC instruments and related treaties. I now attach to this letter arrangements, as agreed in those discussions, relating to Gibraltar authorities in the context of EU and EC instruments and related treaties (“the arrangements”) in the English and the Spanish languages, both texts having equal validity, which will take effect on 1 June 2000.
If the Government of Spain confirms its agreement to the arrangements, they will form an understanding to which our two Governments are committed.
I propose that, on receipt of your reply, we should each copy the arrangements, together with our exchange of correspondence, to the Secretary General of the Council with the request that he circulates the arrangements, together with this exchange of correspondence, to the Permanent Representatives of other Member States and to the other institutions of the European Union in accordance with paragraph 8 of the arrangements for their information and for the purposes indicated in them.
J S Wall
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EL Embajador
Representante Permanente de España arte la Unión Europea
Excmo. Sr. Sir J. Stephen WALL
Embajador, Representante Permanente del Reino Unido ante la Unión Europea Bruselas.
Bruselas, 19 de abril 2000
Le agradezco su carta de fecha 19 de abril de 2000 a la que se acompaňa el régimen acordado en las conversaciones a las que Vd. se refiere, relativo a las autoridades de Gibraltar en el contexto de los instrumentos de la UE y de la CE y tratados conexos ("el régimen").
Le confirmo el acuerdo del Gobierno de España con dicho régimen, el cual constítuirá un entendimiento con el que nuestros dos Gobiernos quedarán comprometidos.
Estoy de acuerdo en que, a la recepción de mi respuesta, cada uno de nosotros transmitamos copia de este régimen, así como de nuestro intercambio de correspondencia, al Secretario General del Consajo con el ruego de que distribuya dicho régimen, junto con ese intercambio de correspondencia, a los Representantes Permanentes de los demás Estados miembros y a las demás instituciones de la Unión Europea de conformidad con el apartado 8 de dicho régimen, para su información y a los efectos indicados en el mismo.
Javier ELORZA
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TRADUCCION OFICIAL
Brussels, 19 April, 2000
His Excellency Sir J. Stephen WALL
Ambassador, Permanent Representative of the United Kingdom to the European Union BRUSSELS
Thank you for your letter dated 19 April to which are attached arrangements, as agreed in the discussions to which you refer, relating to Gibraltar authorities in the context of EU and EC instruments and related treaties ("the arrangements").
I confirm the agreement of the Government of Spain to the arrangements, which will form an understanding to which our two Governments are committed.
I agree that, on your receipt of my reply, we should each copy the arrangements, together with our exchange of correspondence, to the Secretary General of the Council with the request that he circulates the arrangements, together with this exchange of correspondence, to the Permanent Representatives of other Member States and to the other institutions of the European Union in accordance with paragraph 8 of the arrangements for their information and for the purposes indicated in them.
(signed)
Javier ELORZA
POSTBOXING ARRANGEMENTS
Agreed Arrangements relating to Gibraltar Authorities in the Context of EU and EC Instruments and Related Treaties
1.
Taking account of the responsibility of the United Kingdom of Great Britain and Northern Ireland as the Member State responsible for Gibraltar, including its external relations, under the terms of Article 299.4 of the Treaty establishing the European Community, when in an instrument or treaty of the type specified in paragraph 5 a provision is included whereby a body, authority or service of one Member State of the European Union may communicate directly with those of another EU Member State or may take decisions with some effect in another EU Member State, such a provision will be implemented, in respect of a body, authority or service of Gibraltar (hereinafter referred to as ‘Gibraltar authorities’, in accordance with the procedure in paragraph 2, and in the cases specified therein, through the authority of the United Kingdom specified in paragraph 3. The obligations of an EU Member State under the relevant instrument or treaty remain those of the United Kingdom.
2.
In order to implement such a provision, formal communications and decisions to be notified which are taken by or addressed to the Gibraltar authorities will be conveyed by the authority specified in paragraph 3 under cover of a note in the form attached for illustrative purposes in Annex 1. The authority specified in paragraph 3 will also ensure an appropriate response to any related enquiries. Where decisions are to be directly enforced by a court or other enforcement authority in another EU Member State without such notification, the documents containing those decisions by the Gibraltar authority will be certified as authentic by the authority specified in paragraph 3. To this effect the Gibraltar authority will make the necessary request to the authority specified in paragraph 3. The certification will take the form of a note based in Annex 1.
3.
The authority of the United Kingdom mentioned in paragraphs 1 and 2 will be The United Kingdom Government/Gibraltar Liaison Unit for EU Affairs of the Foreign and Commonwealth Office based in London or any United Kingdom body based in London which the Government of the United Kingdom may decide to designate.
4.
The designation by the United Kingdom of a Gibraltar authority in application of any instrument or treaty specified in paragraph 5 that includes a provision such as that mentioned in paragraph 1 will also contain a reference to the authority specified in paragraph 3 in the terms of Annex 2.
5.
These arrangements will apply as between EU Member States to:
a)
Any present or future European Union or Community instrument or any present or future treaty concluded within the framework of the European Union or European Community;
b)
Any present or future treaty related to the European Union or European Community to which all or a number of EU Member States or all or a number of EU and EFTA/EEA states are the only signatories or contracting parties;
c)
The Council of Europe Conventions mentioned in the Convention of 19 June 1990 implementing the Schengen Agreement;
d)
The following treaties related to instruments of the European Union:
—
The convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965.
—
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters done at the Hague on 18 March 1970
—
The Convention on the Civil Aspects of International Child Abduction done at the Hague on 25 October 1980 (when extended to Gibraltar).
e)
Other treaties to which both sides agree that these arrangements should apply. Where there is no such agreement, the two sides will nevertheless seek to avoid and to resolve any problems, which may arise.
In respect of the treaties specified in sub-paragraphs (a) and (b) these arrangements will also apply as between all the contracting parties to those treaties. Paragraphs 1 and 2 of these arrangements will be constructed accordingly.
6.
The spirit of these arrangements will be respected to resolve questions that may arise in the application of any provisions of the kind described in paragraph 1, bearing in mind the desire of both sides to avoid problems concerning the designation of Gibraltar authorities.
7.
These arrangements or any activity or measure taken for their implementation or as a result of them do not imply on the side of the Kingdom of Spain or on the side of the United Kingdom any change in their respective positions on the question of Gibraltar or on the limits of that territory.
8.
These arrangements will be notified to the EU institutions and Member States for their information and for the purposes indicated in them.
