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.