§ Mr. David AtkinsonTo ask the Secretary of State for Foreign and Commonwealth Affairs what entitlement citizens of(a) Gibraltar and (b) Ceuta and Melilla have to benefits available to EU citizens; and if he will make a statement.[137379]
§ Mr. VazThe Treaty establishing the European Community applies to Gibraltar as a European Territory for whose external relations the UK as a member state is responsible, subject to various exemptions provided for in the UK's Act of Accession to the Community. Specifically, Gibraltar is not part of the Community Customs Territory and is outside the Treaty rules on the free movement of goods, the Common Commercial Policy, the VAT regime and the Common Agricultural and Fisheries Policies.
The EC Treaty applies to Ceuta and Melilla as part of the Spanish metropolitan territory, subject to certain exemptions contained in Spain's Act of Accession to the Community. Ceuta and Melilla are not part of the Community Customs Territory (although goods originating in Ceuta and Melilla have duty-free access to the EC) and are outside the Common Commercial Policy and Common Agricultural and Fisheries Policies. VAT is not levied there, but Spain contributes to Community own resources on their behalf.
Gibraltar and Ceuta and Melilla are entitled to the benefits flowing from the EC Treaty except those arising from parts of the Treaty and subsequent legislation which are not applicable to these territories.