Walter Finch
THE upcoming treaty set to be signed in Brussels today will reportedly hand control of the Rock’s border to European and Spanish authorities, according to reports in the British press.
The Telegraph newspaper has said it ‘understands’ that British visitors will have to show their passports to Spanish or EU border guards rather than Gibraltarians.
The controversial arrangement will form the centrepiece of the long-awaited post-Brexit deal currently being thrashed out in Brussels, with Foreign Secretary David Lammy, Chief Minister Fabian Picardo, and senior EU officials attempting to finalise the historic agreement.
The proposal would see Gibraltar join the EU’s Schengen passport-free zone as an associate member, allowing the free flow of people between the Rock and Spain.
Meanwhile, the 90/180 rule would presumably apply to Brits who head to Gibraltar and have no intention of setting foot in Spain.
Sources told The Telegraph that negotiators are ‘the closest we’ve ever been’ to sealing a deal, with Spanish Foreign Ministry insiders expressing cautious optimism about closing the agreement ‘as soon as possible.’
However, the arrangement represents a shift that will raise questions about Gibraltar’s long-cherished sovereignty over its territory.
Under the proposed deal, British passport holders arriving at Gibraltar airport would be processed by Spanish or EU border guards from Frontex – the European border agency – rather than Gibraltar officials.
This hands-on European presence at Gibraltar’s gateway has long been the most sensitive aspect of post-Brexit negotiations, with previous talks repeatedly stalling over Madrid’s demands for Spanish security forces to operate on the Rock.
Gibraltar has historically rejected any Spanish security presence on its territory, particularly given concerns about the integrity of the RAF base that shares the airport runway.
The new arrangement appears to represent a compromise that gives Spain and the EU effective control over Gibraltar’s borders, whilst technically maintaining the appearance that Spanish forces aren’t permanently stationed on British sovereign territory.
It is not clear from early reports what arrangement will hold at Gibraltar’s port.
The deal would solve the pressing problem facing the 15,000 Spanish workers who cross the border daily, as well as restore freedom of movement for Gibraltarians who lost their EU citizenship rights after Brexit.
Currently, the border has operated a relaxed ‘wave through’ regime since Brexit came into effect as both sides agreed to keep it open.
But this cannot continue indefinitely, particularly with the EU’s new electronic Entry Exit System expected to launch this year.
Without a deal, passport and biometric checks could create enormous queues at the vital border crossing, potentially strangling the Rock’s economy.
However, The Telegraph reports there are concerns the agreement could still collapse due to Conservative opposition in both Britain and Spain, with negotiators determined to avoid a repeat of last year’s failed talks involving former Foreign Secretary Lord Cameron.
A UK official warned: “We’re not going to Brussels to rubber stamp a deal. Hard negotiations in the room ahead on a number of sticking points.”
The sovereignty implications are likely to prove particularly contentious among Gibraltar’s fiercely independent population, who have consistently rejected any hint of Spanish control over their affairs.
Perhaps most controversially, the involvement of Frontex border guards raises the spectre of European officials being able to turn away British visitors to a British territory – even if Gibraltar authorities would have admitted them.
Ahead of the Brussels talks, Chief Minister Picardo struck an optimistic tone, writing online that it was ‘time to try to finalise arrangements for a lasting, stable relationship between Gibraltar and the EU/Spain.’
He emphasised the need for a deal that ‘protects our people and gives certainty to frontier workers with a view to delivering more prosperity for all.’
However, he will be acutely aware that any agreement seen as compromising Gibraltar’s British identity could prove politically toxic at home, with some voices calling for a referendum to ratify whatever deal is agreed.
The negotiations in Brussels represent a make-or-break moment for Gibraltar’s post-Brexit future.
Success would end years of uncertainty for the Rock’s residents and Spanish workforce, while failure could leave the territory isolated and economically vulnerable.
For Brits, the practical implications are clear – if the deal goes through as reported, visiting the Rock will be the same as visiting Spain.
Whether Gibraltar’s proud population will accept what some may see as ‘Spanish boots on the ground’ – even in the limited form of border guards – remains to be seen.
