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Trilateral Forum agreements in full
Dialogue Framework for forthcoming negotiations
Trilateral Forum agreements
The governments of Gibraltar, Spain and the
United Kingdom have agreed to take forward cooperation in the
areas of environment, financial services and taxation, judicial,
customs and police cooperation, education, maritime
communications and safety and visa-related issues. We have today
concluded the detailed framework within which to reach
agreements for the next Ministerial meeting of the forum in
2010.
We want to create a constructive atmosphere of mutual and
balanced co-operation and confidence for the benefit and
prosperity of Gibraltar and the whole region, in particular the
Campo de Gibraltar, in accordance with the July 2008 Ministerial
communiqué of the Forum.
We have re-affirmed that, as was the case with the Cordoba
Statements, any work in this area would have no implications
whatsoever regarding sovereignty and jurisdiction. In addition,
any such agreements would have to be compatible with any EU
instruments' and international conventions' obligations binding
on the participants.
Co-operation in these areas will be in the context and under the
auspices of the Trilateral Forum.
Environmental issues
Designations of Sites of Community Importance,
and EU Commission Decisions relating thereto, made pursuant to
Council Directive 92/43/EEC, have no implications for, and thus
do not change the sovereignty, jurisdiction and control of
waters to which they relate, which accordingly remain as they
had been before.
Nothing in this Paper (especially, but not limited to, the
contents of the preceding paragraph) or in any arrangement
entered into pursuant to or consequential upon it, and nothing
done or omitted to be done pursuant to any such arrangement
shall prejudice any position in relation to any stage of or
issue arising in relation to Case T-176/09 in the Court of First
Instance of the European Communities. This Paper and any
aforesaid arrangements, acts or omissions, shall not be alluded
to, produced at, relied on or made use of in any way at any
stage in connection with that Case.
Overview
Environmental issues are of great importance to
people in Gibraltar and the Campo de Gibraltar. Threats to the
environment have the potential to impact on both sides and
affect adversely the day-today lives of citizens. Equally,
ongoing protection of the area's environment may mean that
action is needed on both sides. Closer co-operation will help
secure the best environmental outcomes.
Objectives
1. To ensure a high level of environmental
protection in Gibraltar and the whole region, in particular the
Campo de Gibraltar, consistent with applicable European and
international measures.
2. To achieve the management of waste in a manner that avoids
negative impact for the region.
3. To reduce cases of pollution and its effect whether
atmospheric, marine / aquatic or terrestrial.
4. To co-ordinate means on both sides of the fence/ frontier in
order to combat environmental accidents.
Areas for co-operation would include:
i) Maritime activity and traffic, including oil pollution or
threats posed by maritime accidents, bunkering operations, the
loss of containers overboard, the handling of hazardous cargoes,
illicit dumping at sea, air pollution from ships, emptying of
ballast tanks etc;
ii) Industrial emissions and water discharges;
iii) Water contamination, both fresh water and sea water,
including nutrient discharge and impact on species diversity;
iv) Waste disposal, in particular hazardous waste and recycling
of waste;
v) Dredging and disposal of silt and spoil;
vi) Land and soil damage including soil erosion and issues of
habitat and species diversity;
vii) Land reclamation including hydrodynamic changes in the
region and their environmental impact due to modifications in
the coastal line.
Procedures and mechanisms
The list that follows sets out procedures and
mechanisms that will need to be considered in reaching
agreements to take forward the areas of co-operation.
i) Identify the responsible public authorities;
ii) Agree at what level co-operation should be taken forward on
a daily basis, and any limits of authority at this level;
iii) Appoint appropriate liaison contacts and exchange and
maintain up-to-date contact details;
iv) Hold 'workshops' for the sharing of experience and
procedures to prevent and control spillages, and organise
training courses and exercises led by experts for maritime
inspectors and technicians in the region;
v) Revise and improve the communication procedures between the
Maritime authorities of Algeciras and Gibraltar. Establish a
'hot line' for potential spillages or dumping, either
intentional or accidental;
vi) Consider options for a common framework for planning and
management of solid waste in Gibraltar and the whole region, in
particular the Campo de Gibraltar;
vii) Consider cross fence / frontier mechanisms relating to the
transport and disposal of waste generated in Gibraltar;
viii) Consider a formula for collaboration for the
identification and, if necessary, resolution of problems
relating to air quality;
ix) Co-ordinate exchange of information on air quality;
x) Enhance co-operation between Gibraltar and the commissions
that exist in the region for the . prevention of marine
pollution both originating on land and from vessels, and for
waste management.
Response to pollution incidents
Pollution incidents can cause negative, and
sometimes rapid, cross-border environmental impacts. In order to
address pollution-based environmental risks work should be
undertaken to:
i) Assess where pollution could come from within Gibraltar or
elsewhere in the region, in particular the Campo de Gibraltar,
or from an external source that could impact on either or both;
ii) Examine the response plans in place in Gibraltar and in
Spain to address such pollution incidents, whether atmospheric,
marine / aquatic or terrestrial;
iii) Examine how such response plans could interface with each
other;
iv) Develop a programme of joint exercises to test mutually
supportive response plans;
v) Agree procedures for the dissemination of information in the
event of a pollution incident;
vi) Consider what joint strategies might be put in place to
reduce the risk of a pollution incident occurring.
Co-operation in an EU / International context
There is an increasing amount of co-operation at
an EU and international level on environmental issues. Work
should be undertaken to:
i) Identify which EU and international environment instruments
require, or would benefit from, liaison between Gibraltar and
Spain;
ii) Examine issues in relation to the interface between
Gibraltar and Spain under the EU Water Framework Directive
including:
- the degree to which Gibraltar and La Linea draw from the
aquifer on the North Front;
the re-charge of the aquifer, purification and consideration of
supervision of the quality of the aquifer's water including the
possibility of pollution and spills;
- cross-border morphological pressures on the Bay.
iii) Consider options for co-operation in relation to the EU
Floods Directive due to come into force.
Financial Services and
Taxation
Overview
Co-operation will advance our common view that
international financial services should be carried out in a well
regulated context and effectively compliant with all applicable
EU and other international measures relating to money
laundering, terrorist and other serious crime financing. This
will allow us to respond to changing circumstances in the global
financial system so that there should be strong financial
supervision and regulation.
Objectives
To this end we will agree arrangements for the
normal degree of co-operation, including arrangements,
mechanisms and regular contacts at all levels in relation to
financial services policy, regulation and supervision, taxation,
exchange of information and anti-money laundering issues.
Procedures and mechanisms
The list that follows sets out procedures and
mechanisms that will need to be considered in reaching
agreements to take forward the areas of co-operation:
1. Close co-operation and working relations between respective
competent authorities for supervision and regulation.
2. Regular meetings between officials in relation to financial
services policy, regulation, taxation, and anti-money laundering
issues.
3. Familiarisation briefings, presentations and visits in
relation to participants' legislative and administrative systems
and frameworks.
4. Regular contact and meetings between Financial Intelligence
Units, including for the purposes of effective exchange of
information.
5. Negotiations with Gibraltar with the aim of concluding a Tax
Information Exchange Agreement, on the basis as a minimum of the
OECD TIEA model. The agreement will include mechanisms for the
effective exchange of information between the corresponding
authorities in Spain and Gibraltar in order to combat money
laundering, terrorist financing and fiscal or financial fraud.
The entering into force of the agreement will produce the
effects which are foreseen in the respective fiscal
legislations.
6. Negotiations with Gibraltar on Double taxation arrangements
including provisions for the exchange of information and the
prevention of fiscal evasion with respect to taxes or income and
the avoidance of double taxation.
7. Full levels of Mutual Legal Assistance co-operation in
relation to financial services related law enforcement.
8. The provision of information on an urgent basis in cases of
terrorism and other serious organized crime financing.
9. Legislation and practice in Spain, Gibraltar and the UK will
effectively comply with the 40 recommendations of the Financial
Action Task Force (FATF) against money laundering and 9 special
recommendations of the FATF against terrorist financing.
Judicial,
Customs and Police Co-operation
Overview
There should be full co-operation in the common
objective to fight crime, whether local or international, and
address the particular challenge of organised international
crime. Such issues cannot be addressed in isolation. Justice and
Home Affairs (JHA) is also a growing area of legislation at the
EU level and brings with it an increasing number of obligations,
particularly in terms of cross-border judicial (civil and
criminal), customs and police co-operation. More effective
co-operation will therefore deliver real benefits for people on
both sides of the fence / frontier and ensure compliance with EU
obligations.
Objectives
1. Customs and Police Co-operation
An early task should be to review and enhance existing
structures and modalities for co-operation (including liaison
and communication) between customs and police authorities
Exchange of Information (including data sharing in areas where
data sharing is agreed) and operational cooperation will be two
key areas.
On the exchange of information (including data sharing in areas
where data sharing is agreed), this work, while taking into
account all relevant rules on data sharing and protection and
other EU obligations, should:
i) Review / improve direct liaison, contact, exchange of
information and intelligence sharing mechanisms between law
enforcement agencies, including Financial Intelligence Units;
ii) Explore the possibility of networking the criminal registers
between Gibraltar, UK and Spain;
iii) Explore which aspects of the current framework decision on
the Prum Treaty might usefully be introduced into co-operation
between the relevant authorities (given that the current
framework decision does not apply to Gibraltar).
On operational co-operation, this work, while taking into
account all relevant EU and international obligations, should:
iv) Encourage more joint operations between law enforcement
agencies, including Financial Intelligence Units;
v) Identify what measures already exist or what measures might
be put in place to co-operate / co-ordinate in relation to:
• Child protection including issues of access, maintenance,
enforcement of court orders etc;
• Liaison between probation staff, social workers;
• Drugs including whether specific measures / joint campaigns
could be put in place to address rehabilitation issues and
tackle abuse, trafficking and the proceeds of trafficking;
• Internet crime and child pornography;
• Organised crime, trafficking in human beings, and illegal
immigration;
• Corruption and customs offences.
2. Judicial Co-operation
Work should also be undertaken to agree arrangements that will
enable rapid and effective judicial cooperation in both civil
and criminal matters, and processing of requests for mutual
legal assistance.
This work should:
i) Review and then lead to the exchange of papers relating to
existing domestic, EU, and international assistance and
co-operation legislation and mechanisms, including required
procedures;
ii) Identify, in light of the above review, any problems,
impediments or gaps as well as opportunities for improved
co-operation and how these might be addressed;
iii) Consider possible means to co-operate in relation to issues
such as the service of legal documents, the taking of evidence
abroad, and cross-border legal aid.
iv) Review the operation of European Arrest Warrants and
extradition. Procedures and mechanisms
The list that follows sets out procedures and mechanisms that
will need to be considered in reaching agreements to take
forward the areas of co-operation.
• Study the applicable legislation and practice followed in
matters of judicial, customs and police co-operation and draw up
recommendations to eliminate any weaknesses detected;
• Prepare a manual for use by the relevant authorities on how to
process commissions rogatoires (letters of request) in line with
the requirements of the Agreed Arrangements of 2000 and 2007;
• Consider simplified procedures to access information of
judicial, customs and police value;
• Identify contact points within the administrations involved in
judicial, customs and police co operation, through direct
informal communication, in order to resolve any issues that
require an urgent solution or that arise in emergency
situations;
• Examine where access to information and the completion of the
applicable procedures by the judicial, customs and police
authorities does not meet requirements, and, in the event of
disagreement, to submit to the Forum of Dialogue;
• Organise regular co-ordination meetings between the relevant
competent authorities, particularly those that are frequently in
contact in order to propose improvements in the arrangements for
exchange of information and co-ordination;
• Organise co-ordination of research covering crimes that are
particularly common in the respective territories.
Education
Overview
Bilingualism in languages such as English and
Spanish, which together cover a large proportion of the planet,
represents a significant social and economic opportunity for
citizens of Gibraltar and the whole region, in particular the
Campo de Gibraltar, who are particularly well placed to achieve
such bilingualism. Education also has an important role to play
in the enhancement and appreciation of culture and in the
fostering of understanding.
Objectives
• To enhance cultural and educational
co-operation between Gibraltar and the whole region, in
particular the Campo de Gibraltar;
• To promote bilingualism and the teaching of English and
Spanish in Gibraltar and the Campo de Gibraltar;
• To explore enhanced opportunities in the field of higher
education, training and professional development;
• To develop a mutual understanding of both education systems.
Procedures / mechanisms
The list that follows sets out procedures and
mechanisms that will need to be considered in reaching
agreements to take forward the areas of co-operation through the
competent authorities and institutions of the participants.
1. To establish arrangements and procedures to:
• Put in place criteria to consider requests by staff and pupils
to visit specific schools and for cultural interchanges;
• Standardise the system for handling requests for school visits
and cultural interchanges;
• Advise schools in Gibraltar and the whole region, in
particular the Campo de Gibraltar of the opportunities available
to them for school visits and cultural interchanges.
2. To establish more concrete links with Higher Education
institutions in the region with a view to:
• Gibraltar students accessing specific courses/facilities and
vice versa;
• Gibraltar educationalists accessing Spanish facilities and
vice versa;
• Gibraltar and Spanish educationalists in the region sharing
good practice and expertise.
3. To consider options to facilitate and improve mutual
recognition of tertiary education qualifications, and to note
that students in the region have the opportunity to study in UK
universities.
4. Gibraltar will extend financial assistance to Gibraltar
students wishing to pursue university studies in Spain on the
same terms as it does for UK universities.
5. To co-operate in the creation of professional development
opportunities for teaching staff in Gibraltar and in the region
in Spain on:
• The teaching of Spanish in Gibraltar schools;
• The teaching of English in Spanish schools in the region;
• The use of open-source software;
• The use of new technologies;
• Environmental education;
• Special needs education.
6. To offer advice and expertise in the promotion of
bilingualism in the region by: -
• Drawing on the expertise of teachers in Gibraltar and the
whole region, in particular the Campo de Gibraltar;
• Advise on the provision of relevant teaching and learning
resources; Provide for the exchange of resource material.
7 Establish specific training programmes for Gibraltarians in
the Fundacion Campus Tecnologico in Algeciras and for Spaniards
in the College of Further Education in Gibraltar.
8 The delivery through the Instituto Cervantes of:
• Spanish language courses including specific courses in
business / technical language for which there may be a demand in
Gibraltar and the whole region, in particular the Campo de
Gibraltar and advanced courses for teachers of Spanish as a
foreign language.
• DELE (Diploma in Spanish as a foreign language) and
preparatory courses.
• A cultural programme to enhance the knowledge and appreciation
of Spanish culture in Gibraltar and at the same time enrich
cultural opportunities in the Campo de Gibraltar.
Maritime
Communications And Safety
Designations of Sites of Community Importance,
and EU Commission Decisions relating thereto, made pursuant to
Council Directive 92/43/EEC, have no implications for, and thus
do not change the sovereignty, jurisdiction and control of
waters to which they relate, which accordingly remain as they
had been before.
Nothing in this Paper (especially, but not limited to, the
contents of the preceding paragraph) or in any arrangement
entered into pursuant to or consequential upon it, and nothing
done or omitted to be done pursuant to any such arrangement
shall prejudice any position in relation to any stage of or
issue arising in relation to Case T-176/09 in the Court of First
Instance of the European Communities. This Paper and any
aforesaid arrangements, acts or omissions, shall not be alluded
to, produced at, relied on or made use of in any way at any
stage in connection with that Case.
Overview
1. Measures to improve communications in the
Gibraltar area that were a matter for consideration and
agreement during the first phase of the Forum of Dialogue should
continue to be a principal aim during this second phase bearing
in mind their positive impact on the quality of life of the
people of the area. The introduction of maritime communications
between the port of Gibraltar and Spanish ports, particularly in
the Bay, apart from leading to the same aim, will bring about an
additional element in boosting the economy of the area, as it
will provide new opportunities for firms in the fields of
transport and tourism, with the subsequent creation of jobs.
The establishment of these maritime links will need to take into
account that Gibraltar is outside the EU Customs Union and that
the United Kingdom (and, therefore Gibraltar) is also out of the
Schengen area as regards crossing of borders by people.
Consequently, ports should be provided with means for customs
and border-crossing (immigration) controls as well as with
adequate facilities for service to passengers.
2. Maritime communications in the area should be developed with
all guarantees for the personal safety of users and the
environmental safety of the ecosystem. Mechanisms should be
introduced that allow the traffic of all types of vessels to
take place with maximum standards of safety for traffic and the
environment. This is understood to be without prejudice to the
respective legal positions of Spain and the United Kingdom as
regards the dispute over sovereignty and jurisdiction over the
waters in the context of Gibraltar.
In this field it must be stressed that safety certificates for
cargo ships of more than 500 GT and all passenger ships
operating internationally - regardless of the GT - have to
comply with the SOLAS Convention.
3. In the case of a maritime incident, both from the
environmental point of view and from that of maritime search and
rescue, the respective competent authorities should agree and
develop efficient mechanisms to achieve an appropriate
coordination in case of an emergency and to assign the necessary
means to tackle it.
Objectives
A. Encourage firms that may be interested to
establish permanent links between the Port of Gibraltar and
Spanish ports, especially in the Bay, in accordance with the
relevant Community regulations. In order to achieve this aim,
adequate staff and equipment should be provided to ports for
customs and transit of persons controls, as well as the
necessary infrastructure on the ground for mooring, waiting
areas, sale of tickets, security, etc.
B. Improve maritime safety of ships navigating within the Bay or
travelling to and from the ports of Algeciras or other Spanish
destinations in the Bay and Gibraltar.
C. Coordinate actions in combating pollution or in maritime
search and rescue in case of maritime incidents in the area.
D. Ensure the validity of maritime safety certificates of
vessels as required by SOLAS.
E. Ensure compliance with international laws and regulations
regarding the registration of ships and the requirement to fly a
State's flag.
Procedures And mechanisms
The list that follows sets our procedures and
mechanisms that will need to be considered in reaching
agreements to take forward the objectives, including the setting
up of a Group of Experts.
* Consider the possibility of commissioning a market research
and an analysis of the feasibility of establishing a scheduled
passenger line between the ports of Algeciras and other ports in
Spain and Gibraltar.
* In the context of maritime links between the port of Gibraltar
and other ports in the area, to study the most appropriate form
to develop co-operation between Gibraltar and the Consortium of
Metropolitan Transport of the Campo de Gibraltar, which would
enable the adoption of an integrated system of fares, the use of
common technology, etc.
* Exchange of information on regulation and administrative
practices applicable in the area regarding maritime safety,
salvage means and resources for combating pollution, provision
of services, management of ports, ports tariff and taxes, etc.
* Formulate practical arrangements including in the field of
communications in order to improve safety of maritime movements
in the area.
* Formulate arrangements, in case of incidents in the area, that
include cooperation in cases of risk to the life of persons in
cases in which there is risk of pollution or in case of danger
to other ships
The participants agree to expedite internal procedures in the
event of incidents.
* Establish a follow-up mechanism to keep these matters under
review
* Establish a procedure to guarantee the validity of maritime
safety certificates of vessels as required by SOLAS.
* Ensure compliance with international laws and regulations
regarding the registration of ships and the requirement to fly a
State's flag.
Visa related issues
Overview
1. The fact that Spain belongs to the Schengen
area and that the United Kingdom does not take part in some
aspects of that acquis, specially regarding crossing of borders
by persons, imposes on Spain the obligation to control the
transit of people to and from Gibraltar, that takes place at the
fence/frontier.
Although community citizens enjoy the right to freedom of
movement in the EU in accordance with Community regulations, the
nationals of third countries that wish to enter or depart from
Spain are subject to certain legal demands and, in certain
cases, to be in possession of a Visa.
The issuing of Visas to travel to Spain requires, in accordance
with the second part of the third Additional Provision of the
Ley Organica 4/2000, of 11 January, on Rights and Freedoms of
foreigners in Spain and their social integration, to be carried
out at the competent Spanish Consulate which in the case of
residents in Gibraltar is the Consulate General of Spain in
London.
2. As it happens, many nationals of third countries resident in
Gibraltar, particularly Moroccans, notwithstanding in many cases
their having resided legally in Gibraltar for more than ten
years, have not obtained British nationality which would give
them the right to circulate freely within the EU, and,
furthermore, neither do they have the right of entry without a
Visa or the right of residence in the United Kingdom.
Consequently, these Moroccan citizens would be obliged to
previously obtain a British Visa to travel to London in order to
present their application personally (in person) at the Spanish
Consulate in London, all of which multiplies the difficulties of
the procedure, and limits in fact the visits of these persons to
their families in Morocco creating a problem of humanitarian
nature.
Bearing in mind that in practically all of the cases the
principal aim of that Visa for members of the Moroccan community
in Gibraltar is exclusively to cross in transit from or to a
Spanish port in order to embark in one of the ferries to their
country, or vice-versa, and considering also the proximity of
Morocco, Spain could introduce a procedure that, in accordance
with applicable regulations and certain conditions could, allow
them to more easily obtain these Visas. The adoption of such a
measure, based on humanitarian and good neighbourliness motives
and considering that it would be applicable only to Moroccan
nationals, would be justified by the size of the Moroccan
community in Gibraltar, the existence of special relations
between Morocco and the EU (as shown for example by the
participation of this country in the Neighbourhood Policy of the
EU or by the recently adopted Advanced Statute by the EU-Morocco
Association Council) and by the fact that the Port of Algeciras
has a high number of daily maritime links with various ports of
the north of that country, which makes it an optimal point of
transit for Moroccan nationals resident in Gibraltar that wish
to visit their families.
Aims
A. To facilitate, by legally feasible practical
solutions, the granting of Visas to the Moroccan community
members resident in Gibraltar for transit through Spain towards
their country.
B. To introduce efficient mechanisms that speed-up the
fence/frontier crossing of people and the stamping of travel
documents.
Procedures and mechanisms
A group of experts from Spain, the United
Kingdom and Gibraltar will be established in order to:
1. Exchange of information on communities of third country
nationals residing in Gibraltar, in particular on the Moroccan
community with the aim of allowing the evaluation based on data
of the real situation on the ground and the problems facing
these communities.
2. Examine the different modalities that allow the necessary
measures to be adopted in order to reach the proposed aims, as
well as the required period to implement them. |
