Spain playing silly games with Gibraltar's future

Fabian Picardo says Gibraltar expects the same 'respect, dedication and support' as other loyal members of the union.

By Fabian Picardo

23 Apr 2015

Gibraltar has always sought a positive, progressive and mutually-beneficial relationship with the European Union. We are ahead of virtually all other jurisdictions in transposing EU directives into our own legal system, our tax legislation has been endorsed by EU finance ministers (ECOFIN) and we are consistently recognised as world innovators in the regulation of the online gambling industry. 

Along with deputy chief minister Joseph Garcia, I pay regular visits to Brussels and maintain strong links with MEPs and EU officials. As an indication of the strength of these links, my government has invested heavily in the legal infrastructure of our EU department. 

Our first Gibraltar office is due to open later this year in Brussels under the auspices of former MEP Graham Watson. Gibraltar is a fully compliant, innovative and progressive member of the EU, and deserves to be treated as such in our relationship with EU partners and institutions. Crucially, the people of Gibraltar are proud to consider themselves Europeans and they are genuinely supportive of our positive approach to EU matters.

We are fully up to date in its transposition of EU directives and other measures and 80-85 per cent of all legislation considered in Gibraltar's parliament originates from Europe.

Furthermore, our tax legislation is compliant with the organisation for economic cooperation and development and the EU's code group principles. As a direct result of the current administration's reform of Gibraltar's income tax act, ECOFIN endorsed it as being compliant with the European code of conduct for business taxation in June 2013. 

This was the first time that our tax system had been fully endorsed by both the code group and ECOFIN and, therefore, there can be no credible challenge to Gibraltarian companies being allowed full access to the single market. 

Indeed, the Bay of Gibraltar presents lucrative business opportunities to companies seeking access to the EU single market and this is an avenue that we are actively pursuing.

A particular sector in which Gibraltar is a fully compliant world innovator is the online gaming industry. Our model directly sets the standard for consumer protection, common standards, sports integrity and anti-money laundering and we are always eager to offer our expertise in these areas. We have been referred to as 'the Silicon Valley of online gaming', and it fully intends to live up to this reputation.

We have helped to set online gaming standards for more than 20 years, and the proposal for national self-exclusion registers that I proposed in March 2013 have since been adopted by the European com- mission. Responsible cooperation and regulation is essential in ensuring real consumer protection across borders, and we welcomed the commission's July 2014 report on online gambling, the principles of which reflected our existing regulations. 

We set the highest industry standards, only licensing 30 operators, all of which have long-established backgrounds and reputations in the global remote gambling industry. We are ready and able to influence future EU policy in online gambling.

Gibraltar has come of age in the EU and is entitled to influence the direction of European legislation and to contribute to the future of the union. Simultaneously, we are grateful for the support of the EU in regards to continuous delays artificially created by Spain at our shared land frontier. In November 2014, my government noted the publication of the EU's letter to Spain, and requested a permanent monitoring mission at the border to ensure that ordinary people are not forced to suffer unnecessary delays because of our neighbour's illegitimate and futile geopolitical games.

For its part, Gibraltar continues to send monthly reports to the commission containing detailed information on the situation at the frontier. Our full compliance with all commission recommendations regarding the border were outlined by the deputy chief minister in January 2015. 

Indeed, the right of EU nationals to freedom of movement through an internal border of the EU is of paramount importance, and Gibraltar will continue to stress this message in our relations with Europe until our aim of a free-flowing frontier between two cooperative and mutually supportive neighbours is achieved.

Gibraltar is dedicated to a positive approach towards the EU and is wholly committed to full transparency with our partners.

We do, however, expect and deserve that same respect, dedication and support to be extended towards us as a legitimate and loyal EU jurisdiction.