Scotland 'would have to apply to EU and lose UK's opt-out after separation' However, the draft would be the most definitive statement yet. It follows warnings from the Spanish government, which is concerned about Catalan separatism, that it would block Scotland's automatic membership. Mr Salmond has faced accusations of lying on national television after appearing to tell the BBC in March this year that his law officers had provided legal advice that supported his claims about Scotland's EU status. According to the Scotsman, the draft states that a separate Scotland would become a "third country," meaning it would be outside the EU and would need to apply to join the 27-state organisation. "If a territory of a member state ceases to be part of that member state because it has become an independent state then the treaties would cease to apply to that territory," the newspaper reported it as saying. Like other applicants, it said Scotland would have to comply with Article 49 of the Lisbon Treaty and be accepted unanimously by the existing members, with whom it would have to enter negotiations. Mr Salmond has pledged to keep the pound after separation, meaning he would have to convince the other countries to let Scotland in without joining the euro. Another potential sticking point would be the Schengen agreement, which allows free movement between countries on the Continent. The UK's opt-out allows passport controls to be erected for entrants to this country from Europe. Theresa May, the Home Secretary, has previously warned that unless a separate Scotland got its own opt-out then similar restrictions would have to be installed on the Border with England. Lord Foulkes of Cumnock, a Labour peer on the committee, said: "We have had evidence here in Brussels confirming Scotland would have to seek accession to the European Union." European Commission sources confirmed a letter to the committee was being drafted by President Barroso but said it had not been sent and did not contain the same phrases as the Scotsman reported. They also denied there was a second draft from officials. A Scotland Office spokesman said: "The UK Government has been consistent and clear in its view that an independent Scotland would most likely need to seek re-entry into the EU on renegotiated terms. The Scottish Government has failed to acknowledge this point or address the issues it raises from agricultural support to fish quotas to structural funds. But SNP ministers insisted the letter changed nothing because separation would not start immediately after a "yes" vote in the referendum, giving Scotland time to negotiate membership while still part of the UK. A Scottish Government spokesman said: "Ministers have always been clear that these negotiations will be needed but the crucial point is that they will take place from within the EU."