Gibraltar Schengen Agreement

Gibraltar is not covered by the Brexit deal that has just been concluded between the EU and the UK. So there was a threat of a hard Brexit, which could have led to a largely closed border. Gibraltar, which lies at the southern tip of the Iberian Peninsula, voted overwhelmingly to remain in the EU in the 2016 Brexit referendum. The region, which has been the source of years of disputes with Madrid, has been excluded from the main Brexit deal between the EU and the UK, meaning a separate deal is needed. He said an agreement would make the region more attractive to European airlines and allow Gibraltar International (GIB) to expand its route network. The document also points out that in the event of a serious breach of the rules by the UK, the EU can unilaterally reintroduce physical barriers and controls on the movement of goods. The clause reflects the Commission`s distrust at a time when british authorities are questioning the Northern Ireland deal that prevented a hard Brexit. Given border controls, there is concern that traffic jams could accumulate, which could lead to unpleasant delays. Negotiations are under way and it is hoped that an agreement can be reached before the end of the year. The European Council published a set of guidelines for the EU27 on the withdrawal negotiations.

In these guidelines, fundamental principle 22 states: “After the withdrawal of the United Kingdom from the Union, no agreement between the EU and the United Kingdom shall apply to the territory of Gibraltar without the agreement between the Kingdom of Spain and the United Kingdom.” [13] Pro-Brexit Conservative MP. Jack Lopresti found it shameful that the EU was trying to give Spain an effective veto over the future of British territory, ignoring the will of the people of Gibraltar. [14] Foreign Secretary Boris Johnson reaffirmed the UK`s commitment to Gibraltar. [15] A British government spokesman appeared to reject the idea of Schengen membership in favor of seeking “border agreements with Spain that promote fluidity and shared prosperity in the region.” The agreement allows Gibraltar to be included in the terms of the Schengen Agreement for passport-free travel, although it is not fully part of the Schengen information databases managed by the European Commission. In this sense, the Prime Minister of Gibraltar, Fabian Picardo, said that given the current project, there is no possibility that this would form the basis of an agreement. Britain officially left the European bloc on January 31, 2020 and began an 11-month transition period to negotiate the terms of a deal with the EU. although an agreement confirming the free movement of persons between Spain and Gibraltar was only certain at the end of the process. Although an extension of the agreement is likely, a delay in negotiations has worried many cross-border workers, with the Gibraltar Frontier Workers` Association calling for action. Spain would also be responsible for issuing visas. This means that citizens of the UK and third countries wishing to enter Gibraltar will need a visa extended by the Spanish authorities.

“British nationals who were not resident in Gibraltar at the time of signature of the agreement would be treated as third-country nationals for the purposes of entry and stay in Gibraltar,” the draft mandate states. However, this agreement was provisional and is now due to expire at the end of June, almost six months later. In April 2018, Spanish Foreign Minister Alfonso Dastis announced that Spain hoped to sign a bilateral agreement with the UK on Gibraltar before October so as not to hinder a transition agreement to Brexit. Talks between London and Madrid have progressed well. While reiterating Spain`s long-term goal of “restoring” Gibraltar, he said Spain would not hold Gibraltar “hostage” to EU negotiations. [22] Raab also said that the European Commission`s draft mandate aims to undermine “the UK`s sovereignty” over the overseas territory and cannot provide a basis for negotiations on the future EU-Gibraltar relationship, which have been omitted from the Brexit deal, meaning a separate deal is needed. In the 2016 Brexit referendum, Gibraltarians voted overwhelmingly to remain in the EU. On the 18th. In October 2018, Spanish Prime Minister Pedro Sánchez announced that he had reached an agreement with the UK, declared the Gibraltar Protocol “resolved” and added that the Spanish government had no objection to the UK`s withdrawal from the EU, particularly with regard to Gibraltar as one of the UK`s overseas territories and currently within the EU. [28] [29] A dispute that Spain has or could have over Gibraltar`s sovereignty will no longer affect a future trade agreement between the UK and the EU.

[29] However, it has now been confirmed that the area will indeed be part of the Schengen agreement on passport-free travel between members, which will allow more than 14,000 workers to continue to enter and leave the half-enclave without a passport on a daily basis after the Brexit split. Part of the agreement was to tear down the fence separating Spain from Gibraltar. The new agreement will continue to allow Spanish citizens and nationals of Schengen countries to access Gibraltar without a passport and will allow the population of Gibraltar to freely enter Spain and the Schengen area only with their identity card. In addition, emergency agreements on health care for cross-border commuters, the validity of British driving licences in Spain and other practical issues expire on 31 October. Minister Albares plans to meet with the mayors of the cities of Campo de Gibraltar to deliver a message of calm, but without losing sight of the fact that preparations must be made for the possibility of a difficult border scenario in Gibraltar. .