Negotiators for a UK/EU treaty on Gibraltarâs future relations with the bloc may be âon the vergeâ of an agreement that will allow this community âto put Brexit behind usâ, Chief Minister Fabian Picardo says in an opinion published today to mark the third anniversary since Gibraltar left the EU alongside the UK.
Mr Picardo reflects on how Gibraltar voted overwhelmingly to remain in the EU in the 2016 referendum and how polls now suggest most British people consider Brexit was a bad thing for the UK.
Gibraltar continues to try and negotiate specific arrangements for its post-Brexit future alongside âa supportive and dedicatedâ UK Government team, he writes in the opinion, adding that the EU is âengagedâ in helping to deliver that deal and that Spain âis playing a pivotal role tooâ.
âWe are not there yet, and we may yet not get there, but we are well on the road to such a treaty becoming a positive reality,â the Chief Minister says.
âSuch a treaty will govern the fluidity of movement of persons and goods between Gibraltar and the rest of the EU.â
âIt will need to recognise that the interface for us with the rest of the EU is, geographically and physically, via Spain as our neighbouring Member State of the EU.â
âWe have to be realistic and understand that politicians can be asked to do many things by the people they serve, but the one thing we cannot realistically be asked to do is to change the realities of geography.â
And he adds: âGibraltar, the Gibraltarians and residents of Gibraltar were landed with a decision that we did not want and we were clear was not good for us.â
âThousands of meetings, calls and briefings later, we may be on the verge of a treaty that gives us an opportunity to put Brexit behind us.â
âFailing that, we will have the downsides of Brexit to live with daily as we seek the benefits of leaving the EU which the UK itself has found so elusive for now - but we will make it work, and work well, if we have to.â
Three years after Brexit
Albares assures that "we are flexible" to achieve shared prosperity, but "totally inflexible" in the defence of Spain's interests.
The Minister of Foreign Affairs, José Manuel Albares, "categorically" rejects the British approach to the sovereignty of the waters near a Gibraltar beach, which "are Spanish", in reference to the controversy following the stoning of two Customs Surveillance agents by tobacco smugglers.
"We are flexible in reaching this zone of shared proximity for Gibraltar and for the 270,000 Spaniards in the Campo de Gibraltar, but we are totally inflexible in defending the sovereignty of Spain's interests," Albares said of the agreement being negotiated with the British authorities.
The Foreign Ministry has also "categorically" rejected Gibraltar's characterisation of the arrival of a damaged Customs Surveillance boat off the coast of the Rock as "a serious violation of British sovereignty", and has demanded "effective measures to combat smuggling".
The Customs boat, whose engine had broken down, washed ashore on Thursday morning, where the two officers on board were stoned by tobacco smugglers, which Gibraltar described as "a serious violation of British sovereignty".
# Gibraltarâs Choices on War Strategies & Godâs Protection
Last Thursdayâs dramatic events on Eastern beach have created diplomatic tension at a delicate juncture in talks for a UK/EU treaty on the Rockâs post-Brexit relations with the bloc, but public statements over the weekend suggest that, despite starkly opposed views on the incident, all sides appear keen to avoid derailing more than two years of complex negotiations to secure a deal.
On Sunday Spainâs Minister for Foreign Affairs, Jose Manuel Albares, said his government would remain âinflexibleâ in defending Madridâs position on the sovereignty of the waters around the Rock.
But he insisted too on Spainâs continued âflexibilityâ to finalise an agreement for the Rockâs post-Brexit relations with the European Union.
Mr Albares was speaking during an interview on Antena 3 where he was quizzed on what impact last Thursdayâs incident on Eastern beach could have on ongoing negotiations for a UK/EU deal on Gibraltar.
Earlier in a joint statement last Friday, the Governor of Gibraltar, Vice Admiral Sir David Steel, and Chief Minister Fabian Picardo deplored the âunacceptable lawlessnessâ displayed by a group of smugglers who violently set upon two Spanish officers, both of whom were injured.
But they also condemned the presence and actions of the Spanish officers, who fired warning shots as they were attacked on Eastern beach, as a âgross violationâ of British sovereignty.
They said the UK Government would demand answers from Spain as it prepared a diplomatic response to the events.
On Friday night, Spain's Ministry for Foreign affairs condemned the attack on the Spanish customs agents and said it "categorically rejects the terms" of the statement issued in Gibraltar, "as well as the claims of alleged British sovereignty over the territory and waters of Gibraltar contained within it".
Speaking on Antena 3 on Sunday, Mr Albares again underlined Spainâs âcomplete and emphaticâ rejection of âthe position set out by British authorities in Gibraltarâ in Fridayâs statement.
âAnd I certainly emphatically reject that supposed British sovereignty over the waters where this incident took place, which are Spanish waters,â he said.
But he added: âOne thing has to be clear.â
âSpain has great flexibility to reach a deal on which we are already in agreement on many points, even though nothing is agreed until everything is agreed.â
âWe are flexible to reach that area of shared prosperity for Gibraltar and the 270,000 Spaniards who live in the Campo de Gibraltar.â
âBut we are totally inflexible when it comes to the defence of sovereignty and the interests of Spain.â
On Friday both the UK and Gibraltar governments were clear that, despite the injuries and the unsavoury criminality that led to them, the presence of Spanish officers on a beach in Gibraltar would not be tolerated.
Spanish law agencies can ask Gibraltar law enforcement to continue a chase into Gibraltar but "it would appear that they did not do so in this case,â the statement said.
But the confusion surrounding the events means authorities here have so far adopted a cautious approach as they await more information from Spanish authorities.
The response is being coordinated with senior officials at the UKâs Foreign, Commonwealth and Development Office in London and with the UK Ambassador to Spain, Hugh Elliott.
In Fridayâs joint statement, the Governor and the Gibraltar Government said the incident required âcareful considerationâ as to âthe nature and levelâ of the UKâs diplomatic response to Spain.
UK officials have contacted their Spanish counterparts to seek an explanation of what the joint statement described as a âviolation of the sovereignty of Gibraltarâ before making a final determination of what action to take.
Of particular concern is that several shots appear to have been fired by the Spanish officers on a beach that has built-up areas nearby, something the Chief Minister described as ârecklessâ.
âWe need to certify what we have seen [in videos circulated on social media last week] and have it confirmed by the RGP and Customs and other ballistics experts,â Mr Picardo told GBC.
âWe have initial information. Of course, these things now have to be properly certified, but to discharge a weapon in an area which has residential blocks of that sort, into the air, that is to say in the angle where people are in their homes sleeping with their children, I cannot imagine anything more reckless or negligent.â
But with the incident and the diplomatic fallout coming during the end stage of ongoing treaty talks, the Chief Minister was cautious too.
Strengthening law enforcement cooperation is an element of those negotiations and the events on Eastern beach will underscore the need to establish a framework allowing law enforcement agencies from both sides of the border to better coordinate and work together.
âWe have to understand that the sort of thing that we're seeing here is the sort of thing that we never want to see again,â Mr Picardo told GBC.
âTreaty negotiations will enable us to recast much of what is giving rise to this sort of activity in a way that means we will not see it again.â
âSo I think it would be extraordinarily short-sighted to allow something like this impetuous action, taken in the heat of the moment by those who are not involved in treaty negotiations, to derail treaty negotiations.â
The Chief Minister acknowledged the difficult nature of law enforcement work at sea and said it was vital to properly understand what had transpired in the lead-up to the incident.
Initial reports from Spanish law enforcement agencies last week suggested the two officers were on a small tender boat belonging to a larger Spanish customs vessel when they ran into engine trouble and were washed ashore by rough seas.
On shore, they were surrounded by a large group of individuals â as many as 25 and all Spanish, officials here believe - and pelted with rocks, some of them up to 20cm across.
âWe need to understand what happened,â Mr Picardo said in his interview with GBC.
âDid they mean to come onto the shore in Gibraltar or did the weather bring them into the shore, into Gibraltar? Did they know that they were in Gibraltar?â
âWe had a very recent case where Gibraltar police officers who were off Spanish waters believed they were in British Gibraltar Territorial Waters.â
âSo if it was good for us to believe that our RGP officers did not know that they were off Spain, off La Atunara beach, it must equally be good if that is the reasoning advanced that Spanish officers did not know that they were off Gibraltar beach and perhaps by the time they realised that, they were being brought ashore by the storm.â
âAll of those things are to be determined.â
âThat's why we have to be in contact with our Spanish counterparts and get their views and explanations as to what happened.â
âBut of course, they are two law enforcement officials who believed they were doing a job.â
âI've been in touch with my counterparts to express my concern about their wellbeing and ask after them, although they should not have been in Gibraltar.â
âAnd [while] I think that they acted recklessly from what I have seen, Iâm of course concerned about their wellbeing.â
Amid wider concerns about tobacco contraband, Mr Picardo insisted there was âno questionâ of Gibraltar being seen as âa safe havenâ for smuggling gangs.
He said Gibraltar had for many years been steadily increasing the price of cigarettes and that, while âisolated incidentsâ occurred, they were dealt with âexpeditiouslyâ by authorities here.
âI think it's intolerable that there should be such an illicit trade,â he said.
Speaking to Cadena Ser on Sunday, Pedro Fernandez, the Spanish Governmentâs representative in Andalucia, pointed to a fall in smuggling activity in recent months.
âThere have been situations of risk and aggression, but I can tell you that the number of smuggling operations detected in 2022 has dropped by a considerable percentage compared to previous years,â Mr Fernandez said.
And while he reflected Spainâs position on the sovereignty of the waters around Gibraltar and its robust rejection of the attack on the two Spanish officers, he said Spain and Gibraltar must âwork togetherâ to tackle criminality of this type.
âIâm absolutely convinced that this situation, from a diplomatic point of view, will be redirected toward a joint effort to tackle smuggling,â he said.
Spainâs Minister for Foreign Affairs, Jose Manuel Albares, told the Spanish Parliament on Tuesday that negotiators for a UK/EU post-Brexit treaty on Gibraltar are âvery close to an agreementâ, repeating earlier positive sentiment despite the lack of tangible progress toward a deal.
Mr Albares was quizzed on progress in the treaty talks during a session of the foreign affairs commission in the Spanish Congress.
âOur position is very transparent,â Mr Albares said, reminding MPs that Spain had in December made a proposal for an agreement which he described as âreasonableâ and âbalancedâ, and which sought to create âan area of shared prosperityâ and was âguided by the interests of 270,000 Spaniards who live in the Campo de Gibraltarâ.
After the last formal round in January â the twelfth since the negotiations commenced â the Gibraltar Government said it remained optimistic that a âsafe, secure and beneficialâ treaty between the UK and the EU on Gibraltarâs post-Brexit relations with the bloc could be concluded.
But while the statements from all sides remain positive, there are clearly still issues to resolve.
What those issues are, however, is something negotiators are keeping a tight lid on, having previously stated on numerous occasions that they will not negotiate in public or through the media.
Discussions continue in between formal rounds but for now, there is little change to the position set out last January, as evidenced in the latest public comments from Spain.
On Tuesday Mr Albares said it was now for the UK to âdecide whether or not it wants an agreementâ.
âHaving said this, I see a constructive spirit in the British Foreign Secretary â [though] I cannot be inside his head,â he added, again repeating earlier sentiment.
âWe have advanced a lot [and] I think we a very close to an agreement but, evidently, nothing is decided here until everything is decided.â
IRISH BACKDROP
From the outset, all sides in the Gibraltar negotiation have been at pains to stress that talks between the UK and the EU on the Northern Ireland protocol are entirely separate to the negotiation on the Gibraltar treaty.
But for months it was also self-evident that fallout over Northern Ireland could sour relations and trust between the UK and the EU and potentially spill over into the Gibraltar negotiations, at best slowing them down just as they entered the final, critical phase, or at worst derailing them altogether.
Likewise progress on Northern Ireland could potentially provide a fillip to discussions on the Rockâs future relations on Gibraltar.
Despite the two being starkly different and separate issues, positive sentiment on Northern Ireland in recent days - and not so positive subsequent reaction on the Tory backbenches on Tuesday - would have been closely tracked both here and in Madrid, as well as in London and Brussels.
Negotiators on the Northern Ireland protocol said they could âsee the finishing lineâ for a deal as fresh high-level talks were arranged with the European Union amid warnings of potential ministerial resignations over any deal.
Irish premier Leo Varadkar was unsure whether a breakthrough could come this week, but said a âhuge amount of progress has been madeâ as he called for UK Prime Minister Rishi Sunak to be given âsome time and spaceâ so he can consult with the Conservatives.
UK Health Minister Maria Caulfield, a Brexiteer who quit Theresa Mayâs frontbench over her Chequers plan, urged colleagues to âsupport the Prime Ministerâ.
âThere isnât a deal done yet so all these rumours about ministers or MPs not being happy, I havenât seen the details, we have to give the Prime Minister that time and space to get these negotiations done,â she told Times Radio.
âWe need to give him the time and space to thrash out the final elements of any final deal.â
But Jacob Rees-Mogg, a former Cabinet minister and long-term critic of Mr Sunak, criticised the Prime Ministerâs tactics as similar to those that eventually led to the resignation of Theresa May as prime minister.
The prominent Brexiteer accused Rishi Sunak of imitating Mrs Mayâs doomed Brexit strategy even as Tory Eurosceptics were urged to allow provide the leeway needed to fix the Northern Ireland Protocol.
Mr Rees-Mogg questioned why âso much political capitalâ was being spent on brokering a new deal without ensuring the Democratic Unionist Party (DUP) and his wing of the Conservative Party were on board.
He joined Boris Johnson in urging Mr Sunak to press ahead with the controversial Northern Ireland Protocol Bill, effectively ripping up parts of the agreement with Brussels, rather than seeking a deal which may not guarantee the return of a powersharing executive in Stormont.
But in a new rift in the Tory party, former justice secretary Sir Robert Buckland wrote in an article published in
The House magazine that the Bill âno longer has any legal justificationâ now the situation has âdramaticallyâ changed.
On his ConservativeHome podcast, Mr Rees-Mogg said: âThere seems to me to be no point in agreeing a deal that does not restore powersharing.â
âThat must be the objective. If it doesnât achieve that objective, I donât understand why the Government is spending political capital on something that wonât ultimately succeed.â
He said the Bill has the support of âthe person who had a mandate from the British votersâ â Mr Johnson â and he said Mr Sunak should first get the approval of the European Research Group (ERG) of Conservative Eurosceptics.
âI donât know why so much political capital has been spent on something without getting the DUP and the ERG onside first,â Mr Rees-Mogg said.
It was âvery similar to what happened with Theresa Mayâ where a policy would be presented in the hope that people would âconveniently fall in behindâ it, he said.
âLife doesnât work like that. Itâs important to get support for it first before you finalise the details and that doesnât seem to have been done here.â
UK Foreign Secretary James Cleverly and Northern Ireland Secretary Chris Heaton-Harris held fresh video talks with European Commission vice-president Maros Sefcovic on Tuesday afternoon.
Mr Sefcovic said the talks âcontinue at high intensityâ and âwe remain in close touch, focused on finding joint solutionsâ, indicating they were set to speak again soon.
They had been expected to hold face-to-face talks later this week following conversations by video link on Monday and Tuesday.
UK Government insiders told the Press Association they believe a deal could be struck in the coming days, but acknowledged it would slip to next week if not concluded by the one-year anniversary of the Ukrainian conflict on Friday.
Mr Sunak told his Cabinet meeting âintensive negotiations with the EU continue on resolving the issues with the way the protocol was being enforcedâ, Downing Street said.
The Prime Ministerâs official spokesman said: âNegotiations have progressed and that is to be welcomed, but there still remain a number of unresolved issues. And as is the nature of these negotiations it is often some of the more long-lasting challenges that need to be addressed as you get to this point, and thatâs not unusual.â
The spokesman disputed Mr Rees-Moggâs suggestion that the DUP and ERG should have been brought into discussions earlier, saying âwe have been speaking to relevant parties at the appropriate times throughout this processâ.
âEngagement will continue as we continue to negotiate, emphasising there are still intensive negotiations ongoing. There is no finished deal,â the official added.
Gibraltar and the region await the agreement on their post-Brexit relationship
The recent agreement on Northern Ireland, the main stumbling block in the post-Brexit relationship between the EU and the UK, now puts the spotlight on the negotiations for Gibraltar's place in the EU, which, three years later, have yet to reach a conclusion.
The discretion and secrecy surrounding these negotiations only increase the uncertainty in which, above all, the more than 32,000 Gibraltarians, the more than 270,000 residents of the Campo de Gibraltar, the 15,000 cross-border workers who cross the border every day and the swarm of companies that interact on both sides of the small customs post live.
The future relationship between the EU and the Rock is not included in the trade deal that London and Brussels reached on Christmas Eve 2020, so a separate agreement is needed that requires Spain's approval.
"Everyone is playing their cards close to their chest," George Dyke, a representative of the Gibraltar Chamber of Commerce and current president of the Cross-Border Group, which brings together employers and trade unions from both sides and which is still awaiting the agreement, told EFE.
Dyke, like Ăngel Serrano, regional secretary of the UGT and vice-president of the group, and many others in the area believe that the mere fact that contacts and negotiations are continuing is a sign that an agreement is still possible.
They are even optimistic about the secrecy with which the negotiations are being conducted, with no details emerging of where the obstacles are to the "New Year's Eve Agreement", which was reached on 31 December 2020, one day before the end of the transitional period of the UK's withdrawal from the EU, materialising.
Amid such secrecy, every political statement is scrutinised for clues as to the state of the negotiation that will mark the future of relations.
Last Monday, the day an agreement was reached on Northern Ireland, the Spanish Minister of Foreign Affairs, European Union and Cooperation, José Manuel Albares, said "I think we are very close to an agreement".
A few days earlier, the UK ambassador to Spain, Hugh Elliott, said that although "a lot of progress" had been made in the negotiations, there were still "thorny issues" on the table.
On 14 December, the UK minister, James Cleverly, travelled to Madrid to meet with Albares, but after the meeting, they only made public their good intentions to move forward "as quickly as possible" to reach an agreement.
Albares recalled that Spain and the EU have presented a "global proposal" that involves the disappearance of the Gibraltar fence, joint use of the airport, measures in favour of cross-border workers and the equalisation of pensions for Spaniards who have worked on the Rock, among others.
In that appearance, the British minister responded that "if the proposal were acceptable, we would have accepted it by now, but we have to fine-tune the proposal because there are some details and differences", and he called for "a fluid dialogue" to "see how to overcome these stumbling blocks".
Integration
One of these stumbling blocks is who will carry out border controls. The New Year's Eve agreement opted for Gibraltar to be integrated into the Schengen area (to which the UK does not belong) under the umbrella of Spain, which does belong.
This would allow for the elimination of the fence and for border controls for entry into the Schengen area to be at Gibraltar's port and airport. Spain believes that this control should be carried out by the Spanish security forces, with the initial support of Frontex, something Gibraltar finds difficult to accept.
Be that as it may, the "commas" of the Gibraltar agreement that the Secretary of State for the European Union, Pascual Ignacio Navarro RĂos, said back in November were still missing before it could be signed have not been resolved. Gibraltar's chief minister, Fabian Picardo, has also left room for optimism in his latest public statements on the matter: "Thousands of meetings, calls and briefings later, we may be on the verge of achieving a treaty that gives us the opportunity to put Brexit behind us".
(The Spanish) Parliament will not have to ratify a possible agreement between the EU and the UK on Gibraltar.
Parliament will not have to ratify the possible agreement reached between the European Union and the United Kingdom that will govern Gibraltar's future relationship with the bloc after Brexit, the negotiation of which is in a "decisive phase".
This was explained by the Government in a parliamentary response in which it clarified that the parties to the future agreement would be "exclusively the European Union and the United Kingdom", but not Spain. In response to the question from the Ciudadanos MP MarĂa del Carmen MartĂnez Granados as to whether "the Cortes Generales will be able to debate and vote on this final agreement (...) in the event that it is finally submitted for ratification", the Government recalled that the Constitution and the law on Treaties stipulates that the two chambers only have to pronounce themselves in the case of "international treaties to which Spain is a party".
With regard to the state of the negotiations, which the Cs deputy is also interested in, the Government clarified that they are "in a decisive phase, with the respective proposals clearly set out".
In another response to a question from Vox, the government boasts of the "global proposal" presented by the European Commission together with Spain, which "contains very reasonable technical and practical solutions, which are necessary for the construction of an area of shared prosperity and are respectful of the respective legal positions of Spain and the United Kingdom on Gibraltar".
The proposal foresees "the abolition of the fence" and includes "provisions to enable the mobility of persons and goods while ensuring the full integrity of the Schengen area and the EU internal market". It also "provides for the protection and improvement of the rights of workers and beneficiaries of social benefits and includes provisions to ensure fair and equal conditions of competition", as well as "provisions to combat money laundering and to ensure high standards of environmental protection" and "a financial mechanism for training and employment programmes in the area".
Sovereignty
All of this, the government points out to Santiago Abascal's party, "without altering Spain's position on sovereignty and jurisdiction in relation to Gibraltar". "Neither the future agreement, nor any action or measure taken in application or as a result of it, will imply any renunciation or modification of Spain's legal position with regard to sovereignty and jurisdiction" with respect to the Rock, it stresses, in line with what the government has been defending all along from the Executive.
The Government of Spain and the European Commission hope that, despite the technical complexity of the issues addressed, (the negotiations) can be concluded as soon as possible", he adds in his reply to Ciudadanos, in which he assures that he is "fully committed to ensuring that the negotiations, which continue to take place in a constructive atmosphere, conclude with a satisfactory agreement".
The Government has made clear its determination to "take the appropriate political and legal decisions to safeguard the rights of Spanish citizens and companies in the Campo de Gibraltar area" and has tried at all times to minimise the socio-economic impact of the UK's exit from the EU for this area "through provisional contingency measures, while the negotiation lasts".
Consequences of the lack of agreement
The Government warns that if the talks end without agreement, the contingency measures to apply EU legislation would cease to be in force, and draws attention to the fact that the consequences "would be negative for both the Campo de Gibraltar and Gibraltar". For this reason, it adds, "we are confident that the negotiations will conclude with a satisfactory agreement and we are devoting all the resources at our disposal to this task".
Finally, the Executive refers to the Plan for the Campo de Gibraltar approved in November 2018, in which ten ministries have worked in collaboration with the Junta de AndalucĂa, the DiputaciĂłn de CĂĄdiz and the Mancomunidad with a view to socio-economically revitalising this area, whose measures have been executed at 75% and more than 191 million euros have been mobilised. The plan, he points out, is still underway "with special attention to infrastructures in the area, for which an investment of 841 million euros is planned".
The European Union, it appears, is getting frustrated with Spainâs position in the negotiation for a treaty on the Rockâs post-Brexit relationship with the bloc.
The root of that frustration, if recent public statements and a report at the weekend in Spanish newspaper El Mundo are anything to go by, is Madridâs attempt to include new issues into the talks that go beyond what was agreed in the New Yearâs Eve framework agreement.
The first clue that something was awry came back in December, when Spainâs Minister for Foreign Affairs, Jose Manuel Albares, outlined what he has since described on numerous occasions as a âgenerous and globalâ proposal that Madrid, through the EU, has put on the table.
Mr Albares referred to âjoint useâ of the airport, a phrase that raised hackles in Gibraltar and London.
The New Yearâs Eve framework, which stated unequivocally from the outset that nothing agreed in the treaty would impact each sideâs longstanding positions on sovereignty, made no mention of joint use of the airport.
Chief Minister Fabian Picardo was quick to counter Mr Albaresâ public statement with one of his own.
"Gibraltar,â Mr Picardo said at the time, âhas in the past already rejected the concept of joint use of the airport but we continue committed to the principle of enhanced use of the airport for the benefit of all those around us.â
According to El Mundo, Spainâs insistence on the airport is now one of the main stumbling blocks to sealing agreement on a Gibraltar treaty, and it has not gone down well in Brussels.
In the face of âtough criticismâ in Spain during earlier phases of the Brexit process on Gibraltar, El Mundo reported, the Spanish Government had now âalso included the question of the airport, touching on a red lineâ.
âLondon has protested, and the sense in the Commission is that adding issues that impact on questions of sovereignty was not in the spirit of the initial agreement,â the report in El Mundo said.
The parties had agreed to seek âa satisfactory mutual understandingâ but ââŠnot to get into issues where agreement, after centuries of dispute, would be so difficult.â
El Mundo also referenced disagreement over practical immigration arrangements in the event a common travel area between Gibraltar and the Schengen zone could be reached, an issue that has been flagged on numerous occasions in the past.
It said too that the UK was âtesting the patienceâ of Spanish negotiators with âcontradictoryâ reports about progress in the treaty negotiation alongside statements about preparations for a non-negotiated outcome.
All of this should perhaps come as no surprise.
The final stage of the negotiation was always going to be difficult as each side sought to protect its position while extracting the maximum from any agreement without scuttling it altogether.
Since December, Mr Albares has said the ball is in the UKâs court and that if agreement is not reached, âthen it wonât be because of Spainâ.
Except, if the report in El Mundo is anything to go by â and it does have a ring of truth to it - it seems the onus may in fact be on Madrid.
The persistent references to a âglobal agreementâ have left the Gibraltar and UK camps frustrated too, because it ignores the fact there have been counter proposals since, and that the negotiation process is in any event a fluid one.
The stakes could not be higher.
Politicians on all sides have repeatedly promised to deliver this so-called âarea of shared prosperityâ and signalled that an agreement is close despite the remaining thorny issues.
On both sides of the border, huge expectation has been created and citizens and businesses alike are banking on negotiators delivering on their promise.
Ultimately, this tortuous process commenced with a desire to protect the interests of citizens here and in the Campo from a Brexit no one wanted.
Negotiators must not lose sight of that fact.
Despite the impasse, last weekâs news of a breakthrough on Northern Ireland offers some grounds for optimism.
El Mundo said officials in Brussels see Prime Minister Rishi Sunak as âmore serious, pragmatic and predictableâ than his predecessors, and remain confident that the boost to UK/EU relations offered by agreement on Northern Ireland could lead to a similar result on Gibraltar.
The change of sentiment in Brussels was signalled clearly last week by European Commission chief Ursula von der Leyen, who said the agreement to rewrite Northern Irelandâs Brexit arrangements opened a ânew chapterâ in relations between the UK and the EU.
Explaining how Mr Sunak had succeeded where his predecessors had failed, she said there had been âa lot of goodwillâ.
âBrussels backs Spain but trusts that perhaps it could be more flexible than in recent months, something on which it appears [Spain] is not going to cede,â the report in El Mundo said.
âBut after seven years of disputes, the Commission would not understand if an agreement was reached on the Northern Ireland issue, infinitely more difficult and problematic, and not on the Rock.â
Neither, it has to be said, would the citizens of Gibraltar and the Campo de Gibraltar.
Gibraltar's border fence, outside the requirements that the EU and the UK plan for their borders in 2024
The special permits that the United Kingdom and the European Union plan to implement in 2024 for crossing their borders after Brexit will not affect, at least for the time being, the border crossing between La LĂnea and Gibraltar.
As far as the Rock is concerned, Brussels and London remain focused on the search for an international treaty - which the two sides consider to be at a decisive stage - that envisages the abolition of the fence and would include "provisions to enable the mobility of people and goods while ensuring the full integrity of the Schengen area and the EU internal market", as the Spanish government explained in a parliamentary response last week.
But even if no agreement is reached, the new requirements that the European Union and the United Kingdom plan to implement at their borders would be subject to possible exceptions that would allow the passage through customs in Gibraltar and Gibraltar to be speeded up, an objective that both parties consider indispensable to ensure the prosperity of the area after the divorce that ended on 31 January 2020.
ETIAS
The European Union (EU) is implementing a new travel permit called the European Travel Information and Authorisation System, or ETIAS, which will be mandatory for citizens of countries that do not require a visa to enter the Schengen zone, which encompasses most European nations.
It is not known when ETIAS, which has already been postponed several times, will come into operation, although the system's official websites state that it will come into force in 2024. Neither the UK nor Gibraltar are currently listed as being subject to the requirement.
In principle, 95% of applicants will have to fill in an online form, to which the system will respond within minutes. EU travellers are exempt and have freedom of movement within the bloc, allowing them to spend as much time as they want in many countries. EU residents will also be exempt. But for everyone else entering the bloc from a country that previously did not require a visa, ETIAS will be mandatory. The measure affects about 60 countries, including the United States and the United Kingdom, which lost freedom of movement after Brexit. The cost per person is 7 euros, for those aged between 18 and 70.
The aim of ETIAS is to strengthen EU security by collecting information on travellers before they arrive in Europe. This will allow authorities to detect possible security threats and risks before travellers enter European territory.
ETA
The Electronic Travel Authorisation (ETA) will be required for tourists, business visitors and students staying in the UK for less than six months, initially from 2024.
The form will take just a few minutes to complete online, which can be done at any time up to a few days before departure. It will require a valid national biometric passport from an eligible country, a valid biometric passport from an eligible country, a valid travel purpose and other travel details, an email address and a credit or debit card. The fee is not yet known.
Once the information is sent to the UK, the application is normally processed and a response is given within 48-72 hours. Generally, visitors will be able to spend 180 days (6 months) in the UK and visit any part of the country.
The ETA is part of the UK's plans to fully digitise its borders by 2025. UK ETA holders will simply need to scan the passport they used to apply when they arrive at the border. The entry permit will be electronically verified.
"The system will give the UK greater control of its borders, allowing us to block threats from entering the country, while giving people and carriers more reassurance," said the UK Home Office, which estimates that around 30 million applications a year will be processed through the eTA system.
Other countries in the world already have such systems in place, such as the United States, which has the Electronic System for Travel Authorisation (ESTA), as well as Australia, New Zealand and Canada.
The chaos at Dover during the Easter break has driven home the reality of leaving the European Union to many people in the United Kingdom.
This will be scant consolation for residents of Gibraltar, who voted massively against Brexit, and who could soon find themselves in the same position if there is no treaty.
Treaty talks resume in London as Spanish defence minister signals âurgent needâ for deal
Spainâs Minister for Defence, Margarita Robles, on Monday underlined the âurgent needâ for a UK/EU agreement on Gibraltar at a time of geopolitical flux and security concerns.
She was speaking after meeting her UK counterpart, Ben Wallace, and as negotiators from the UK â with Gibraltar â and the EU reconvened in London for the 13th formal round of talks since the start of the negotiation for a treaty on the Rockâs post-Brexit relation with the bloc.
"We have emphasized the urgent need for a prompt agreement, which is essential and fundamental, far beyond the scope of bilateral relations, for the context of security in that important geographical area that is Gibraltar and the Mediterranean Sea and the Atlantic Ocean," she said, according to Spanish state-owned news service EFE.
After noting that negotiations are being conducted by their respective foreign affairs ministries, she stressed that both she and Mr Wallace were "aware of the geographical situation and the risks we have at this time."
"I have conveyed the need to reach an agreement as soon as possible, and he also agreed that negotiations should continue to reach an agreement," she added.
The talks in London commenced on Monday and are scheduled to close today.
As in previous rounds, the Government of Gibraltar will be represented in the room by the Attorney General Michael Llamas, supported by the Director of Gibraltar House in Brussels Daniel DâAmato.
The Chief Minister, Fabian Picardo, and the Deputy Chief Minister, Dr Joseph Garcia, will again connect virtually into the room.
Dr Garcia flew to London on Monday for other related meetings.
âThe Government remains fully committed to work hard to conclude an agreement which is safe, secure and beneficial for Gibraltar,â No.6 Convent Place said in a statement.
RAAB ROW
In unrelated developments, Mr Picardo on Saturday described Hugh Elliott, the UK ambassador to Spain, as a âchampion of the cause of Gibraltar and the Gibraltariansâ, after the resignation of Deputy Prime Minister Dominic Raab sparked a furious row centred in part on a 2020 episode during the Brexit negotiations on Gibraltar.
Mr Raab resigned on Friday after accepting a bullying inquiry found he acted in an intimidating and aggressive way with officials, including with a senior diplomat who he claimed âput UK sovereignty at riskâ during the talks leading to the New Yearâs Eve agreement.
Newspaper reports in the UK on Saturday claimed the diplomat in question was the UK ambassador to Madrid, who Mr Raab, while he was Foreign Secretary in 2020, believed had gone beyond the Cabinet agreed position to never have Spanish officers permanently stationed in Gibraltar.
The Telegraph reported that, according to Mr Raabâs allies, Mr Elliott had been sounding out a âfudgedâ solution with Spanish counterparts that would have seen some Spanish officers stationed in Gibraltar.
âThe charge was a serious one â that an official had gone beyond the Cabinet mandate, the official approach dictated by the top table of government ministers, and had freelanced on policy,â the newspaper reported.
âA more sympathetic interpretation, perhaps, would be a diplomat attempting to find a landing zone for high wire negotiations.â
âBut in Mr Raabâs eyes, a red line had been crossed.â
According to the newspaper, Mr Elliott was effectively removed from the front line of talks but remained ambassador.
In his place, Simon Manley, who had spent six years as UK ambassador to Spain before Mr Elliott, was sent out to conduct negotiations.
On Saturday the Chief Minister was robust in his defence of Mr Elliott, who remains a key player in the negotiations for a UK/EU treaty on Gibraltar and has spoken publicly about the process on numerous occasions since the reported 2020 incident with the minister.
âHugh Elliott has been a champion of the cause of Gibraltar and the Gibraltarians since he arrived in Madrid,â Mr Picardo said.
âWe have not seen any statement or conduct by Mr Elliott which has been anything other than supportive of our positions and in pursuit or the outcomes that the Governments of Gibraltar and the United Kingdom are jointly pursuing.â
âHugh Elliott is a committed patriot and a friend of Gibraltar and the cause of the Gibraltarians.â
âNo one should think otherwise.â
A spokesperson for the UK embassy in Madrid declined to comment on the reports.
The Foreign, Commonwealth and Development Office did not respond to requests for comment.
Picardo believes an agreement with the EU on the status of Gibraltar is now "probable"
The Chief Minister of Gibraltar, FabiĂĄn Picardo, said on Thursday that it is not only possible, but "probable" that a "great agreement" will be reached between the United Kingdom and the European Union on the status of the Rock after Brexit, coinciding with the Spanish presidency of the EU.
He made the statement to journalists after participating in a roundtable discussion in Madrid on the influence of European policies on member countries, as part of the Third National Congress of the Regenerate Spain Civil Society, organized by Civil Society Now.
"It not only seems possible to me, but probable," he replied when asked if he thought it was possible to reach this agreement coinciding with the Spanish presidency of the EU, which will take place in the second half of this year.
The Chief Minister of Gibraltar avoided going into details of the latest negotiation, which took place last Tuesday in London, although he was clear: "We are already very close to the goal of reaching a great agreement that is good for all parties, where everyone wins and no one loses."
However, he added that, after two years of negotiations, he has learned not to set "timeframes", because every time a goal is set, "we fail" and "maybe without setting one, we get it right," he remarked.
In any case, he insisted on the need to reach this agreement "as soon as possible".
On the other hand, he pointed out that what Gibraltar needs is a free movement zone of goods and people similar to that which exists between the United Kingdom and Ireland so that there is "maximum fluidity at the border."
He insisted that this is what Gibraltar has been pursuing "from the very beginning" and not being in the Schengen area, although "it has been translated that way in the media," he emphasized.
UK âowes Gibraltar a treatyâ and has âmoral obligationâ to provide economic support if talks fail, Commons told
Delivering a UK/EU treaty for Gibraltar âmustâ be a top priority for the UK Government, the House of Commons was told on Thursday, as MPs were reminded too of the UKâs âmoral obligationâ to pick up the economic cost of a âno dealâ outcome.
The message was delivered by Conservative MP Sir Bob Neill, the chairman of the all-party group on Gibraltar, during a wide-ranging debate on the Overseas Territories in the presence of representatives of each of the territories, including Gibraltarâs man in London, Dominique Searle.
Sir Bob reflected on how Gibraltarians had accepted the democratic outcome of the 2016 Brexit referendum, despite voting overwhelmingly to remain in the EU.
And he highlighted too the vital role of border fluidity to the Rockâs âdiverse and thrivingâ economy.
âWe owe them,â he said, adding that the Foreign, Commonwealth and Development Office âmustâ deliver âa properâ UK/EU treaty that reflects Gibraltarâs needs.
âKeeping that land border free flowing is an essential prerequisite of any deal that must be achieved in a way which respects Gibraltar's sovereignty and integrity,â Sir Bob added.
âThat should not be impossible to do.â
âIt should be the top priority now of the Foreign Office in resolving the remaining EU/UK issues.â
But Sir Bob, a long-time champion of the Gibraltarians, said too that the UK must be ready to step up and support the Rock if a treaty is not agreed.
âShould, heaven forbid, we fail, then we would have a moral obligation to pick up the cost, the economic costs that would fall upon Gibraltar,â he said.
âIn consequence, the best thing to do is make sure that never happens, that we get a deal.â
âThe second thing is practical support that we can give to Gibraltar in various specific ways.â
Sir Bob recalled how Gibraltar had borrowed ÂŁ500m at UK sovereign rates during the Covid-19 pandemic thanks to a UK sovereign guarantee.
He said the money had enabled Gibraltarâs healthcare response to the pandemic and supported its economy during lockdowns.
âWe were grateful for the support that they were given,â Sir Bob told MPs.
âThey want to continue to be able to borrow money at UK sovereign rates, because the sovereign rate guarantee, of course, means you can get to get a much more attractive rate.â
âMuch of this went to keep the health service going, their economy going, [and] surely we owe them the decency of a guarantee of 25 years repayment at sovereign rates on the money that was done to assist them during the pandemic.â
Sir Bob cited too other practical ways that the UK could assist Gibraltar, for example by allowing UK students to use their loans to study in Gibraltar, and by allowing Gibraltar to procure medical supplies at the same rates as the NHS.
Up to speed on the latest developments here, Sir Bob also raised the disruption at Gibraltar International Airport on Wednesday and said MPs should âtalk perhaps to the MoDâ to highlight the concerns.
âWe've got to get that right and treat Gibraltar on a proper basis,â he said.
âThese are basics that we ought to get right.â
But it was the treaty that dominated his intervention.
âI believe there is goodwill,â he said of the ongoing negotiation.
âNo one has worked harder than the Gibraltar ministers and their officials to try and get a deal on this.â
âAbsolute maturity and good faith have been demonstrated by Gibraltar and it's important that we support them in that.â
âENCYCLOPAEDIA OF ISSUESâ
The debate in the Commons was on a motion tabled by Conservative MP Alicia Kearns, who chairs the Foreign Affairs Committee, and aimed to raise the profile of the OTs in the UK Parliament and send a solid message of support.
There was consensus on self-determination as the core principle underpinning the UK relationship with its overseas territories, but also recognition of their diversity and the fact that âone size does not fit allâ.
That must be reflected in the constitutional relationship of each territory with the UK, the Commons was told.
MPs highlighted too the strategic value of the overseas territories, not just militarily but in terms of UK âsoft powerâ, and discussed how the UK Government could bolster support for each territory in a way that empowered them to take their own decisions and actions in partnership with London.
For over two hours, MPs debated what Ms Kearns described as âan encyclopaedia of issuesâ relating to the different overseas territories, from broad themes such as climate change and environmental concerns, to fine detail such as the lack of ambulances in a remote territory.
In summing up as the motion was passed, she addressed the OTs representatives sitting in the public gallery above the Commonsâ debating chamber.
âI hope today that all of you in the gallery have felt and heard [that] hopefully we have given voice to some of these issues,â she said.
âI hope that has helped show that we believe strongly in your self-determination.â
Responding to the motion for the UK government, David Rutley, the Minister for the Americas and Caribbean at the Foreign, Commonwealth and Development Office, said: âWe're all part of the British family and this relationship is built on respect and trust.â
âWe will continue to work in close partnership to strengthen our relationship yet further in the years and the decades ahead.â
On Gibraltar and the treaty negotiations, he added: âWe are working hard with the Government of Gibraltar to make progress and we remain confident that with flexibility on all sides of deal is possible.â
There was support too from the Labour bench, where Stephen Doughty, the partyâs Shadow Minister for the FCDO, said a future Labour government would have five governing principles in its relationships with the overseas territories.
These would centre on âdevolution and democratic autonomyâ based on constitutional principles of partnership and engagement.
âI firmly believe in the principle of nothing about you without you,â Mr Doughty said.
He spoke too of âmutual respect and inclusionâ across all government, not just the FCDO, and relationships based on common values, obligations and principles, alongside ensuring âproper democratic accountability and regulationâ.
The overseas territories, Mr Doughty said, were âan integral and cherished part of the global British familyâ.
âFor as long as the people of the Overseas Territories wish to remain part of this British family, we will robustly defend their security, autonomy and their rights,â he said.
âAnd as has been rightly pointed out, not least in the case of the Falkland Islands and Gibraltar, very firm commitment to their self-determination has been expressed by their peoples.â
âThat is the commitment of this side of the House, and I know it's shared by many across this House.â
Albares acknowledges that the United Kingdom has a "constructive spirit" regarding Gibraltar.
The Minister of Foreign Affairs, José Manuel Albares, has acknowledged on Monday a "constructive spirit" in the United Kingdom towards reaching an agreement that promotes "a zone of shared prosperity between Gibraltar and the Campo de Gibraltar." However, he also pointed out that "the ball is in the UK's court" for that purpose to bear fruit.
Speaking to the media in CĂłrdoba after meeting with representatives of the Halal Institute, Albares argued that "an agreement requires two parties" once they "put a comprehensive agreement on the table." Therefore, the outcome requires "not only a Spanish proposal" but also "acceptance by the United Kingdom."
"We hope it happens as soon as possible," Albares emphasised, adding that "we are ready for the agreement."
The British government stated in March that they continue to work "intensely" towards reaching an agreement with the European Union on Gibraltar after Brexit, as a spokesperson from the British Ministry responded to Europa Press when asked if the recent agreement between London and Brussels on the Northern Ireland Protocol, known as the 'Windsor framework,' would help unlock the negotiations regarding the Rock, which have already seen twelve rounds of discussions.
"We are working intensively to conclude an agreement that can help achieve future prosperity for Gibraltar and the Campo," said the spokesperson, who did not provide further details about the status of those conversations.
London, Brussels, and the Spanish government have insisted that the negotiation on the Northern Ireland Protocol, agreed upon on February 27 by British Prime Minister Rishi Sunak and President of the European Commission Ursula Von der Leyen, and the negotiation on Gibraltar are two separate processes, although the same actors are involved: Foreign Minister James Cleverly and Vice-President of the European Commission Maros Sefcovic.
London argues that the basis for the agreement should be the political framework agreed upon between the United Kingdom and Spain on December 31, 2020, which foresees the removal of the border fence but raises the issue of border controls at the port and airport of Gibraltar.
Amid Brexit uncertainty, a message from La Linea: âWe wonât be resigned to our fateâ
by Maria Jesus Corrales
Fresh from a resounding victory in the recent municipal elections in Spain, Juan Franco, the Mayor of La Linea, has his eye on attracting investment to the city, and see opportunities for business with Gibraltar.
Mr Franco, whose La Linea 100x100 party won 22 seats in the 25-seat city council, recently signed a pact with the Partido Popular making his party the kingpin in both the provincial DiputaciĂłn de CĂĄdiz and the Mancomunidad de Municipios, the body that brings together all the municipalities in the Campo de Gibraltar.
But against the backdrop of continued uncertainty over the Rockâs post-Brexit future, and with less than a month to go before the July 23 general election in Spain, he is clear that he will not be silenced if there is a change of administration in Madrid.
A PP government could potentially harden Madridâs stance on Gibraltar, especially if it is propped up by the far-right party Vox, which in the past has called for the closure of the border.
How the election will pan out âis anyoneâs guessâ, Mr Franco said, adding: âElectoral pact with the PP or no, we will not be silent.â
âWe wonât stand by quietly like lambs for the slaughter.â
âWe have demonstrated this before, even when silence might have left us better off.â
âWe wonât be resigned to our âfateâ.â
Mr Franco, who has criticised the Spanish central governmentâs failure to put in place measures to mitigate the knock-on impact of Brexit on La Linea, said the uncertainty of the past seven years had âgrossly disturbedâ the economic climate.
Looking ahead, an updated General Urban Development Plan will change restrictions on use of key plots of land around the city, in large part aimed at attracting investment.
Such is the case of a 70,000 sq m plot adjacent to the border where La Linea hopes to build a business district that could be attractive to companies based in Gibraltar but needing a foothold in the EU for their business.
âThe objective is for technology companies to base themselves in our city, benefiting from the European Union competitive advantages and the possibilities of international trade that Gibraltar, 50 metres away and with an international airport, can offer,â Mr Franco said.
âWe want to be that cog, that conveyor belt, that connection and I think we can do that, because we have shown that we have many qualified professionals on this side of the border.â
A final draft of the plan is currently awaiting approval from the Junta de Andalucia, which is governed by the PP.
Mr Franco was interviewed by the Chronicle in his office in La Linea earlier this week.
Q: I would like to ask you directly about the key points of the pact with the Partido Popular (PP). One of these is the General Urban Development Plan, the fundamental tool for the future of La LĂnea. Now, the plan is in the hands of the Junta de AndalucĂa and the green light from the Junta is key.
A: Yes. Right now, the council has completed all the procedures, has sent the plan to the Junta de AndalucĂa and, normally, they would ask for some amendments because it is a complex document and it may contain errors.And, from there, we could make the necessary changes and obtain final approval.Everything has been handed over, but it is a long document and I cannot discount the possibility that we offer one solution and the Junta recommends another, for example, on environmental matters. Keep in mind that we received favourable reports, conditional to certain modifications. We have made them and expect that, soon, we will have the document approved.
Q: One of the important points of the urban plan, which is wide in scope, is the creation of an economic or business district in the south of the city, on the border with Gibraltar. What will it be like, what is expected of it and what investment opportunities could it offer?
A: There is a bottom line, a foundation, which we believe would make the district take off: being able to rely on a special fiscal regime for certain business activities. It is as easy as seeing that businesses are relocating away from Gibraltar because of Brexit and offering them an incentive to stay.
Furthermore, we consider that Gibraltar itself would be interested in these companies staying in the area. Obviously, a business based in Gibraltar and moving to La LĂnea is different to them moving to Malta or Lithuania, because they could also form a branch in Gibraltar, or a holding company, or some other convenient option.
Our power here is to finalise the development plan and, from there, create a complex of buildings on the current fairground, aesthetically pleasing, next to Gibraltar, to the beach, to top-level sports facilities, to a top-grade park and next to a city centre with all the commercial services, restaurants and hospitality.
The objective is for technology companies to base themselves in our city, benefiting from the European Union competitive advantages and the possibilities of international trade that Gibraltar, 50 metres away and with an international airport, can offer.
We want to be that cog, that conveyor belt, that connection and I think we can do that, because we have shown that we have many qualified professionals on this side of the border.
And other things, such as the clement weather, unbeatable gastronomy, the possibility of practicing all kinds of sport, recreational activities and festivals all year round.
We are a very friendly city and we need to keep working to offer more incentives, such as housing and more.
Q: From this investment project, what could be developed in Gibraltar?
A: Letâs say, for example, a company that operates in the EU is interested in basing some of its business in La LĂnea to operate in the European countries, and also in creating another branch in Gibraltar for Britain or the Commonwealth. I think now is the time to take advantage of that synergy, given that Gibraltar is out of the EU. When it was in, maybe there wasnât that need. But now I realise that, thanks to the circumstances that we have been fated to live with, it would be a good opportunity for those companies.
Because we are physically connected. It could work for insurance firms, online gaming for example, or a number of different businesses.
Q: Is it realistic to think this could be done without the Spanish governmentâs assistance?
A: The approval of the urban development plan is purely within the Junta de AndalucĂaâs competence. As to the companies basing themselves here, that is a local government matter. What we do ask for is a fiscal regime for companies in those sectors, financially well advised, to find the environment to move themselves to our municipality. Maybe we would only need the fiscal regime to cover the district.
Q: Like a customs-free zone?
A: But not in the sense that people think. I donât want to sell cheaper gasoline or cheaper alcohol, but a 70,000 square-meter space where international businesses could set up.
Q: Up till now, the idea of a special fiscal regime for La LĂnea has never received favourable responses.
A: That is a long-running error. I donât want to be insensitive but, in 1979, when China was planning for the return of Hong Kong in 1999, it set up a special economic zone across from Hong Kong with the intention of generating the conditions for prosperity and show the Hong Kongese that they could live well in China. There are tensions, but they have not become the disaster that could have been.
I am not talking about history or [questions of] sovereignty, but a person in Gibraltar crosses the frontier and the first thing they find is the municipality with the lowest levels of income in the nation of Spain, and that cannot be allowed to continue.
Q: But Spain has never wanted to give La LĂnea special treatment.
A: Because the Spanish government wants to have the Campo area as it is now. Otherwise, you cannot understand why they made the choices they have.
Q: What do you think will happen with the Gibraltar treaty negotiations if the PP has to form a government with Vox, similar to their negotiations to win majorities in Spainâs autonomous communities?
A: I donât know.
This was one of the questions that was raised in our negotiations with PP and we will have a direct communication with them on this topic. But it is a question of international policy and the final answer is anyoneâs guess.
Electoral pact with the PP or no, we will not be silent. We wonât stand by quietly like lambs for the slaughter.
We have demonstrated this before, even when silence might have left us better off. We wonât be resigned to our âfateâ.
Yes, there are blusters that are published without even the bare minimum of rigour or knowledge of the realities on the ground. [But] Spain is a democracy more than well-established, and allied to the UK. There is the topic of Gibraltar, but Spain is part of NATO and other international organisations and the closure of the frontier is frankly unviable. It is true, as has sometimes happened, that there could be important restrictions on crossing the border, and that would be an enormous problem.
Q: That happened with GarcĂa-Margallo in 2013.
A: That would be terrible again. We will have to see how the subject is approached, but we are going to have to await developments. I do not pre-judge any party because I think they might think of doing something [in the future].
Q: It is not about thinking. The Vox party made the closure of the border with Gibraltar a manifesto promise in the 2019 general elections.
A: And a party once said that they wouldnât make pacts with other parties, and look at them now [in reference to the PSOE-Bildu alliance].
Q: We cannot discount the possibility that PSOE makes a pact with other left-wing parties and remains in government in Madrid. Do you think that La LĂnea could be punished for allying with the PP?
A: I hope not. That would be enormously under-handed. In truth, I donât expect that from anybody. But, it has to be said, itâs not as if the government is giving us much either. For example, the Paseo MarĂtimo on the western coast has been torn up since April, and we are now in June and the works are not completed. What assistance do we get on the subject of drugs trafficking, other than more police and Guardia Civil officers? Or what help have we received for Brexit? It has been seven years [since the vote]. None.
Q: The Times published this week an article that points to a paralysis in the Gibraltar treaty negotiations because Spain wanted to take control over Gibraltar Airport. For the moment, until after the elections on July 23, we donât know if the talks will be able to resume or not, but I imagine you are concerned about the cross-border workers.
A: Of course I am, very concerned. Border fluidity is vital for us and, I know, problems at the frontier would have a huge impact on Gibraltarâs economy. The whole topic of Brexit is grossly disturbing the economic climate. We are managing to attract investors to La LĂnea but, if we hadnât been in this situation, I am sure we would have had more investment in the city.
And, beyond that, there are other subjects that we cannot ignore. The pensioners of today and the pensioners of the future. They are all workers. It strikes me that the Spanish government, a left-wing socialist government that defines itself as protecting workers and labourers, has not taken the care and attention to support these people and ensure their fair treatment.
As mayor, I feel I can legitimately give my opinion on the actions of the government and I believe that they have lacked the courage.
From âmammoth taskâ of treaty implementation to no deal, Garcia sketches out Brexit outcomes
Deputy Chief Minister Dr Joseph Garcia sketched out various scenarios faced by Gibraltar in the coming months as a result of Brexit, ranging from the âmammoth taskâ of implementing any treaty agreed by the UK and the EU, to dealing with the impact of no deal if talks collapse.
Speaking during a budget address in Parliament, and with an eye of the forthcoming election in Gibraltar, Dr Garcia the GSLP/Liberals were best placed to deal with any of those potential outcomes.
Dr Garcia said the general election in Spain on July 23 had âobviouslyâ impacted the talks but that even before it was called, Spainâs decision to introduce ânew elementsâ into the negotiation had proved an obstacle to an earlier agreement because they touched on sovereignty.
âThe proposal on the table, therefore, was not safe, secure or beneficial for Gibraltar,â he said.
âAnd it will fall on whoever is elected in Madrid to continue the discussions, or indeed to discontinue them.â
âThe final approach will probably depend on the political complexion of the new Spanish administration.â
Dr Garcia reflected on the GSLP/Liberalsâ first term in office after the 2011 election, when the Partido Popular was in government in Madrid and there was tension in Gibraltar/Spain relations.
He said the Government brought âplenty of collective experienceâ in dealing with difficult politics from Madrid.
âSo if the Partido Popular were to win, with or without Vox, people should know that their Government is prepared,â he said.
âIn the event that the PSOE-Sumar coalition were to renew their mandate, we are also best prepared to take the treaty negotiations to a safe conclusion.â
âSo the message is that we stand ready to protect Gibraltar whatever the future may hold.â
Dr Garcia said negotiators were close to an agreement but that it was still conceivable that the talks could yet end in no deal.
âGiven the new elements introduced by Spain, it is conceivable that the talks could collapse,â he said.
âSo those sovereignty and jurisdictional concerns may catapult Gibraltar into a no treaty scenario.â
âHonourable Members will be clear that there are certain fundamental lines that this Government will not cross.â
âThere are those who argue that the conclusion of a treaty has taken too long.â
âClearly, had we signed up to everything Madrid and Brussels wanted in October 2021, then we would have had a treaty 19 months ago.â
âHowever, the reason for the timescale is precisely because the UK and Gibraltar have held the line.â
âThat is what a negotiation is all about.â
âWe remain determined to continue to do battle in order to secure a treaty which is safe, secure and beneficial for Gibraltar,â he added.
âThe Government remains firm in the belief that this is the best option for the future, for our families and our children, for our businesses and our citizens, and for our country as a whole.â
In the event a treaty can be agreed, Dr Garcia said the next challenge would be its practical implementation.
This would involve a considerable amount of legal, political and technical work in order to ensure the smooth operation of the process as any new treaty comes into force.
âImplementation will be a mammoth task,â Dr Garcia said.
And he added: âThe Government remain in the best position to see this workstream through until the end.â
âThe Chief Minister and I have been present at every high-level meeting.â
âIssues have been discussed and commitments have been given in our presence.â
âPolicies have been formulated in front of us and decisions have been taken.â
âSo we can hold Spain and the EU to account for what they have said to us in private.â
âWe have been immersed in the detail of this world for some seven years now.â
âIt has, to a considerable degree, taken over our lives.â
âAnd we know the issues, the personalities and the discourse inside out.â
Dr Garcia also reflected on preparations for a ânon-negotiated outcomeâ, as a no deal scenario is referred to.
In that respect, Gibraltar has been working closely with the UK to prepare contingency plans in areas as diverse as commerce, critical services, waste management, health and social care, law and order, legal and EU matters, public services, special projects and the supply chain.
Around 60 technical notices have been published and two booklets sent to thousands of homes on the Rock.
âThis NNO work has been guided by the need to balance the dissemination of information in a sensitive way which does not create a general panic,â Dr Garcia said, thanking the Opposition for ârespecting this delicate balanceâ.
He said the government was grateful for the bridging measures applied by Spain for residents with a red ID card â he regretted this could not be applied to other registration cards â and said that, without them, the default would be passport stamping for everyone.
And while in other areas such as reciprocal healthcare, road haulage and cross-border ambulance services, bridging measures had come to an end, Spainâs approach had benefited Gibraltar.
âThe helpful consequence of this staggered approach has been to soften the landing zone as we left the European Union,â he said.
âThe Government sincerely hopes that, in the coming months, we may be able to conclude a treaty on the future relationship of Gibraltar with the EU.â
âHowever, in the event that we do not, Gibraltar will need to adapt to the new world that no treaty will thrust upon us.â
âThere are many areas where no mitigation is possible.â
âThe new scenario will simply reflect life outside the European Union.â
Supply of Platelets and Ambulances: Two Problems for Picardo due to Brexit
Gibraltar is facing a genuine health and economic problem related to Brexit and the lack of maintenance of the status quo in cross-border transportation conditions with Spain, which is directly impacting unusual aspects such as the reserve of platelets or even ambulance services.
On one hand, Fabian Picardo's government is facing opposition from the Social Democratic Party (GSD), whose leader, Keith Azopardi, demanded an explanation from the Minister of Health, Albert Ăsola, in parliamentary session last May. Azopardi questioned the significant increase in ambulance services provided in Spain for Gibraltarian patients. The expenses amounted to ÂŁ392,322 throughout 2022 and had already reached ÂŁ202,863 in the first four months of this year. This indicates a projected 30% increase by the end of the year. This extra expenditure has not gone unnoticed by the opposition, posing a new headache for the Chief Minister in the healthcare sector.
According to sources cited by El Confidencial, Gibraltar has a fleet of ambulances operating within its territory and agreements with Spanish companies to transport Gibraltarian patients to Spanish hospitals, both public and private. These companies include Ambulancias AndalucĂa SC, HelicĂłpteros Sanitarios SA, and Socorrismo y Servicios SJ, contracted based on each entity's rates. However, in Ăsola's response, there was no clarification regarding this increased expenditure. According to the transcription consulted by El Confidencial, the minister only mentioned that "these Spanish providers are contracted based on each company's commercial rates" and "the GHA (Gibraltar Health Authority) relies on them according to its needs."
Nevertheless, some sources cited by the national newspaper link this increase in ambulance costs to the obstacles imposed by cross-border transportation regulations implemented since March 2022. These measures, imposed by both Spain and Gibraltar, established that transporters with vehicles registered in Gibraltar could operate in Spanish territory if they registered with Immigration and had an employment contract in Spain. It also stated that Spanish citizens employed by a Gibraltar-based company could continue crossing the border with commercial vehicles.
For the Rock (Gibraltar), this was perceived as an "imposition of requirements" that broke the status quo. The Picardo government further fueled the fire by invoking the principle of reciprocity, imposing restrictions that extend from private drivers to ambulance personnel, implying that routine patient transfers for treatment in Spain can only be conducted if driven by Gibraltar residents in Spain or the European Union.
These conditions have also affected the supply of platelets directly received by Gibraltar from Jerez de la Frontera, which apparently arrived by courier to La LĂnea and was then transported by ambulance. The Gibraltar Authority has raised this issue to high-level UK authorities and continues to seek alternative solutions to this problem since, as stated by Chief Minister Fabian Picardo, "the health of citizens is at stake." Additionally, this poses a political problem for the Chief Minister and once again puts the government in the spotlight, as they were previously criticized for paying a significantly higher price (well above market value) to their supplier for antigen tests. It seems that lately, Picardo's government has experienced a significant financial burden related to healthcare matters.