Walter Finch
SPAIN’S ‘rogue officer’ overseeing the border with Gibraltar has erupted into open revolt over the ‘lack of a legal basis’ for waiving Schengen rules.
The latest chaos and confusion came between midday and 2pm last Friday, when Policia Nacional officers were ordered to impose hard Schengen rules stamping Gibraltar red card holders – and even refused entry to some Brits.
The Spanish police have been left bewildered by the orders and counter-orders over whether to stamp passports or wave people through, with many telling the Olive Press they don’t know what to expect each day.
But the unnamed chief inspector has now gone one step further and filed a formal denuncia in La Linea court against the current border regime for violating articles 6 and 11 of the Schengen Borders Code.
Spanish media reports claim the ‘rogue officer’ has had several disciplinary investigations against him for repeated insubordination over his refusal to adhere to the interim arrangement.
And sources at the Gibraltar border told the Olive Press that the officer ‘has now been transferred away’. We have been unable to verify this claim.
The Gibraltar governmentment, meanwhile, declined to comment on ‘indiscipline in foreign uniformed bodies’.
READ MORE: Gibraltar border chaos as tourists and workers are forced into one snaking queue
The Spanish Interior Ministry, on the other hand, assured this newspaper that ‘all actions carried out at the border with Gibraltar are fully in compliance with the legislation’.
The Schengen rules have long been understood to have been temporarily suspended during the transition period post-Brexit as Spain and the UK negotiate a deal to keep Gibraltar inside the passport-free zone.
However, progress on a deal has been stalled for many months now, and it is now feared that a deal won’t be struck before the European Union’s new digital Entry Exit System (EES) is implemented at the border.
After a previous start date of November 11 was delayed indefinitely, sources now tell the Olive Press it is now expected in March or April.
However, a European Commission spokesperson told this newspaper it is considering ‘the feasibility of a progressive approach’ to rolling out the EES.
“A progressive approach means introducing flexibility in the start of operations of the EES, allowing member states to deploy the system gradually,” the Commission said.
“It has been considered as the best way forward for swift progress.”
A spokesperson from Spain’s Interior Ministry told the Olive Press that the country is ready to implement the EES ‘when the European Commission deems it ready.’
Given that the EES infrastructure has reportedly already been installed at the border with Gibraltar, it raises the possibility that it could be implemented far sooner than thought.
Meanwhile, the campaign of the ‘rogue officer’ to force Schengen controls continues.
His denuncia, seen by Europa Sur, claims the officer has repeatedly asked his superiors for written instructions to this effect, only to receive verbal orders – often from Spanish Interior Minister Fernando Grande-Marlaska himself.
READ MORE: The UK reassures Gibraltar of its ‘unwavering commitment’ to defending the Rock’s self-determination after it ceded the Chagos Islands to Mauritius
Schengen controls would limit Brits and Gibraltarians to just 90 days out of 180 in the Schengen zone, while requiring them to provide proof of funds, accommodation and onward transport out of the zone – all highly problematic for cross-border workers and day-trippers.
The officer argues that this leaves himself – and his subordinates – unprotected in the event a security issue arises at the border, amid claims that the lax controls have permitted ‘140 British soldiers into Spain this year as tourists.’
The wildcard move has earned support among the rank-and-file of the Policia Nacional in La Linea, with two officers telling this newspaper they are concerned that the current arrangement is not legal.
It is just the latest escalation from the ‘rogue officer’, who previously ordered his officers to stamp passports on October 11 – until reciprocal action from the Gibraltar side and a flurry of phone calls put a stop to it.
Again, the chaos fell suspiciously on a Friday, so that Spanish workers heading home for the weekend were less affected by reciprocal measures.
“It is the last thing we want to do and as a socialist it depresses me greatly that, as usual, politics is being used to damage the interests of working people and not to assist them,” Fabian Picardo said at the time.
