Gibraltar: Spain Did Break Law, UK Insists

The Government has insisted Spain is breaking the law with its Gibraltar border checks despite a European Commission finding the country has not acted unlawfully.

Travellers faced delays of several hours over the summer following a war of words between Spain and the UK.

David Cameron asked the commission to investigate the lengthy queues after a diplomatic row over an artificial reef sunk off Gibraltar.

The Prime Minister claimed the checks were "politically motivated" and potentially in breach of EU law on free movement of people.

However, after a fact-finding mission in September, the European Commission has written to Spain and the UK to say the checks did not break the law and urged the two countries to work together.

The Foreign Office has issued a robust response to the commission's findings saying that while it may not have discovered evidence, it did not mean that Spain was not breaking the law.

A spokesman said: "The fact that the commission has not found evidence that EU law has been infringed is not the same as concluding that Spain has not acted unlawfully.

"Border operated significantly more smoothly than normal during commission visit.

"We remain confident that the Spanish government has acted - and continues to act - unlawfully, through introducing disproportionate and politically motivated checks at the Gibraltar-Spain border.

"Commission is clearly concerned by the situation, as they: have made recommendations to Spain to improve border functioning; have committed to remain engaged and review in six months; are reserving the right to reconsider; and have explicitly opened up the possibility of another visit in their letter."

A press release from the commission stated: "The commission has not found evidence to conclude that the checks on persons and goods as operated by the Spanish authorities at the crossing point of La Linea de la Concepcion have infringed the relevant provisions of union law.

"The management of this crossing point is nevertheless challenging, in view of the heavy traffic volumes in a relatively confined space and the increase in tobacco smuggling into Spain.

"The commission believes that the authorities on both sides could take further measures to better address these challenges, and is addressing three recommendations to both member states."

The recommendations include optimising the physical space at the border, increasing the use of targeted checks and developing the exchange of information between the two countries.

UKIP leader Nigel Farage tweeted: "Commission statement on Gibraltar a complete whitewash."

The tightened checks came after a dispute this summer over an artificial underwater reef.

Gibraltar's government dropped 74 concrete blocks into an area of the sea regularly used by Spanish fishing boats.

The Spanish saw this as an act of provocation, leading to a diplomatic row.