:
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HITE
34011
RECEIVED IN ROMPAY NO. 51
- 7 MAY 1981
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PA Jo.s
the willingn
BESK OLACER INDEX
PA
REGISTRY Action Takana
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6/5
PG075
GIBRALTAR'S INCLUSION IN DEFINITION OF 'NATIONAL' FOR EC PURPOSES
1.
It followed naturally from Gibraltar's forming part of the EC
[though certain provisions of the Treaty did not apply to Gibraltar]
that Gibraltarians should be included in our definition of the term
'national' for the purposes of the Treaty.
2.
The use of the term 'national' in treaties with a specific
definition for each separate treaty is common practice. It appears
in many of our treaties whose provisions affect individuals in
matters governed by treaties. The definiton of national therefore
varies from treaty to treaty according to the circumstances, and
each definition is relevant solely to the purposes of that treaty.
It may cover all or some or none of our dependencies depending on
the circumstances. The definition has no significance in any other
context beyond that treaty.
3.
Perhaps I could give one or two examples drawn from treaties
that deal with avoidance of double taxation and social security,
which are subjects where the position of individuals is clearly
involved. Our Agreement with the Netherlands in 1980 on the Avoidance
of Double Taxation restricted our definition of nationals to CUKCS
(and certain other categories) who had the right of abode in the
United Kingdom; so generally the people from all the dependencies
were excluded. A similar Agreement of 1970 with Finland defined our
nationals as CUKCs who derive their status as such from their
connection with the United Kingdom' and so again excluded the
dependencies. Our Agreement on Social Security with Austria in 1980
however applied to all British subjects and BPPS who are recognised
by the Government of the United Kingdom as its nationals, and so included the people of all the dependencies.
4. So the definition of national to include Gibraltarians in our
accession to the Treaty of Rome was designed for that specific
purpose and no other.
/5.