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[b] EU Caseworker Manual[/b] wrote:
1.5 Gibraltar
Since the British Overseas Territories Act 2002 all Gibraltarians automatically gain British national status and have to renounce this status if they do not want it.
Gibraltar is within the European Community by virtue of Article 299(4) of the Treaty establishing the European Community. However, under the UK's Act of Accession to the EC Gibraltar is excluded from four areas of Community policy:
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the Community Customs Territory and Common Commercial Policy (and thus Community rules on the free movement of goods, do not apply),
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the Common Agricultural Policy,
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the Common Fisheries Policy,
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and the requirement to levy VAT.
Gibraltarians have rights of free movement within the EU. While the UK Government is ultimately responsible under the Treaty for the Implementation of Community Law in Gibraltar, EC measures are usually implemented within the territory by means of local legislation enacted by the Gibraltar legislature.