Answer given by Ms Malmström on behalf of the Commission
Gibraltar is not part of the area without internal border controls. Checks on persons are therefore carried out at its border with Spain. Under the Schengen Borders Code, all people entering and exiting the Schengen area, including those enjoying the Union right of free movement, should undergo a minimum check to establish their identities on the basis of the production or presentation of their travel documents. Third-country nationals should be subject to thorough checks, involving a detailed examination verifying that they fulfil all entry conditions.
In addition, Gibraltar is not part of the customs territory of the European Union and is thus treated as a third country for customs purposes. Customs controls are performed by the national customs authorities in order to ensure the correct application of customs legislation. The modalities for these controls are determined by the Member States and may include inspecting means of transport, luggage and other goods carried by or on persons.
Following questions from Honourable Members and citizens’ complaints the Commission contacted the relevant authorities to get further clarifications. Their reply is now being assessed.
OJ C 56 E, 27/02/2014