AIRPORT AGREEMENT IS 18-YEAR-OLD NEWS

What is causing consternation and concern in some circles is that the Spanish Foreign Minister, Jose Manuel, Albares, has said that there will be an agreement for the joint use of the airport.

It is not a new proposition, however. It was agreed already in the Cordoba Agreement 2006, so the concern and consternation are 18 years out of date.

ALBARES’ STATEMENT

He is quoted in Europa Sur yesterday as having said:

“ What is decided is that there will be joint use of the airport and that, for sure, will benefit this area, the area of shared prosperity, the development of the Campo de Gibraltar, give impetus to the connectivity, which right now is not optimised, to develop tourism and recover with normality something that has happened many times, which is that there should be commercial flights with Madrid and Barcelona, as happened already, for example, between 2006 and 2011.”

What Spain, the UK and Gibraltar agreed already in the Cordoba Agreement, briefly was as follows.

ENHANCED AIRPORT USE

To enable the enhanced use of Gibraltar Airport for the benefit of social and economic development and improved employment and commercial opportunities of all and without prejudice to the respective sovereignty positions and constitutional status of all parties.

There will be a lifting of Gibraltar Airport’s suspension from all EU aviation measures. Consequently, Gibraltar Airport will be bound by, comply with and benefit from all applicable EC regulations and directives.

The UK Government is and remains responsible for all international obligations including aviation safety and security relating to Gibraltar Airport, as laid down in the pertinent rules and regulations of ECAC/ICAO, Eurocontrol and of the EC.

In the light of the UK’s departure from the EU and the intended ‘practical inclusion’ of Gibraltar into Schengen, “EC” (now “EU”) rules and regulations will likely need to be the responsibility of some other forum or entity, or directly applicable subject to Schengen wide acceptance or application.

Recognising that Gibraltar Airport is a military airfield available for civilian flights, there will be appropriate notification of any interruption to the arrangements, including flight restrictions caused by military use.

AIR TERMINAL ARRANGEMENTS

A single air terminal adjoining the southern side of the fence/frontier will be built, in the appropriate manner as decided by the Gibraltar Government, to enable passengers and their luggage access to and from such terminal directly to/from the north side of the fence/frontier.

Gibraltar has complied. There has been no movement from Spain on this front. It may well be that under the proposed Gibexit ‘deal’ such a terminal will not be needed on the Spanish side of the frontier.

SCHENGEN CONSIDERATIONS

The following arrangements will apply for passengers arriving or departing through the terminal:

Passengers flying from Gibraltar Airport to a Spanish airport accessing the terminal via the direct access from the north side of the fence/frontier will be treated as if they had not left the Schengen travel area.

For those intending to enter Schengen before boarding the aeroplane checks were to be carried out on the Spanish side of the Gibraltar Airport. This check was be carried out by Spanish officials, located in Spain, in a manner facilitated by the design of the terminal. Therefore, on arrival at a Spanish airport, these passengers will not be subject to further Schengen entry controls.

Passengers flying to Gibraltar Airport from a Spanish airport and exiting the terminal via the direct access to the north side of the fence/frontier were also be treated as if they had not left the Schengen.

Other passengers travelling to Gibraltar Airport from a Spanish airport, after they have disembarked, will go through a Schengen exit check, which will be carried out in the same manner as above. These passengers will then continue to a place where the Gibraltar authorities will carry out an appropriate identity/passport check to clear entry into Gibraltar.

NEW ‘DEAL’ WILL CHANGE SCHENGEN ARRANGEMENTS

It seems that the proposed new ‘deal’ would change these proposed arrangements, with Frontex undertaking checks into Schengen in the first four years, which would seemingly now include Gibraltar, so entry into Schengen will be automatic.

Gibraltar immigrations checks will seemingly be undertaken by Gibraltar officials also.

Both the Schengen and Gibraltar’s checks within the new Gibraltar Air Terminal, absent any other agreement.

CORDOBA AGREEMENT FORESAW SCHENGEN PARTICIPATION
The potential for Gibraltar to participate in Schengen was foreseen.

The arrangements provided for, once the participants having assessed “the operation of these arrangements they will, but subject to further agreement in that regard, give consideration to ways of obtaining the practical benefits of Schengen clearance for flights to and from Gibraltar Airport and Schengen destinations other than Spanish airports in a way legally and politically acceptable to all the participants.”

AIR CARGO

It is not yet clear what the new arrangements regarding cargo. The Cordoba Agreement provided the following, which may be a hint of what the practical arrangements going forward might be.

“Air cargo arriving from within the European Customs Union and destined to the northern side of the fence/frontier or vice versa, will be treated as in transit/bond and thus will not be subject to any customs duties. Arrangements in accordance with applicable EU requirements will be made to facilitate the overland forwarding to Gibraltar of cargo, free of Spanish customs duties, from flights destined for Gibraltar Airport that have been diverted to a Spanish airport.”

TERMINAL FACILITIES

Air Terminal facilities were to be as follows, again, a hint of what may be to come.

“All passenger and flight services including all facilities and functions relating to airside and aircraft services, passengers’ check-in, baggage handling and passenger and baggage security will be provided in and by the terminal. Subject to EU directives the Government of Gibraltar will grant a contractual concession to operate the terminal and provide these services on a commercial basis to a joint venture company owned by Gibraltar and Spanish commercial interests.

“The Geneva Airport model vis-à-vis France will serve, as appropriate, and as may be agreed as the basis for the arrangements.”

PRACTICAL ARRANGEMENTS

The Cordoba Agreement envisaged the need for practical arrangements to allow for the foreseen enhanced use.

Interestingly it included, “… the creation of a tunnel at the Eastern end of the airfield, in order to avoid vehicular traffic routinely crossing the airport runway, and the increase in vehicular traffic congestion exacerbated by a material growth in the number of flights.”

The tunnel is completed and already in use.

“Infrastructure and arrangements north of the fence/frontier will have to be adapted in order to facilitate the direct access of passengers and luggage to the terminal.” It is an observation that must include the provision of pedestrian access, which has not happened.

The need for EU funding was recognised and envisaged.

SPAIN’S TARDINESS

Spain have so far failed to fund and undertake civil engineering works that were required on its side of the fence to give practical effect to the agreed arrangements. Gibraltar funded and built its new civilian air terminal as it had agreed to do.

The likelihood is that no new terminal or extension to the terminal will need to be built on the Spanish side of the frontier, which does not preclude the possibility that Spain may want to and do so.

AGREEMENT TERMINOLOGY

The terminology used in the Cordoba Agreement is interesting.

It talks of the north and south side of the “fence/frontier”. The term “fence/frontier” is defined.
The Cordoba Agreement clearly states, “… to overcome problems of terminology relating to references to the word “frontier” or “fence”, the phrase “fence/frontier” is used. This phrase means frontier for the UK and Gibraltar, and fence for Spain.”

FINAL ANNOUNCEMENT

The use of such precise terminology is indicative of the care and detail all sides have and need in coming to any agreement. The complications engaging a Gibexit treaty are there to be seen, hence possibly the delays in any final announcement.

There were hints at the possibility of an announcement later this week. The possibility of progress to allow for such an announcement do not seem to have flourished. Despite the positivity of very recent public statements from Spain’s Foreign Minister, an imminent statement is unlikely for the time being.