Appologies for inadvertantly adding to any confusion over the Gibralter issue whereby my original post should have quoted from a news report that 'Spain' does not recognise Gibralter as a member state of the EU.
Gibraltar
With respect to the application of EU law to Gibraltar, the governments of Spain and the United Kingdom made the following Declaration which is appended (as Declaration 55) to the Treaty on European Union: "The Treaties apply to Gibraltar as a European territory for whose external relations a Member State is responsible. This shall not imply changes in the respective positions of the Member States concerned."