A nurse on Swabs with Ethylene Oxide:
23rd June 2021
- CM marks fifth anniversary of Brexit vote with optimism, âand a tinge of sadnessâ
The UK Government is âfully prepared to accept the implicationsâ in the event that a UK/EU treaty on Gibraltarâs post-Brexit relations with the bloc cannot be negotiated, and will âstand fullyâ by the Rock and its people, the House of Lords was told this week.
Lord Ahmad of Wimbledon, the Minister for South Asia and the Commonwealth at the Foreign, Commonwealth & Development Office, delivered the message in response to a question from Labour peer and Freeman of Gibraltar, Lord Hoyle, even while remaining confident that a deal was possible.
He was speaking ahead of todayâs fifth anniversary of the 2016 Brexit referendum in which the UK voted narrowly to leave the EU, taking Gibraltar with it.
Talks for a UK/EU treaty that will define Gibraltarâs future relationship with the EU have yet to commence, with the European Commission still to finalise a negotiating mandate on the foundation of a framework agreement announced by the UK, Spain and Gibraltar last December.
And reflecting on todayâs anniversary, Chief Minister Fabian Picardo said that despite Gibraltarâs firm vote to remain in the EU, Brexit and the Covid-19 pandemic had brought this community âcloser than everâ to the UK.
While Spanish right-wing politicians had hoped Brexit would drive wedge between the Rock and the UK and weaken Gibraltar, the reverse had transpired.
âWhat they did not appreciate was how hard the Gibraltar team would work from the morning after that result, to secure long-lasting prosperity and security for Gibraltar and its inhabitants,â Mr Picardo said.
âThe stresses and strains of the past five years have been many and they are not yet over, but we are in good shape as we look to start the negotiation of the potential UK treaty with the EU.â
âIt is therefore testament to this hard work that we are now very close to securing a treaty between the United Kingdom and the European Union based on our New Yearâs Eve Agreement with Spain.â
âAlthough the start of the negotiation with the EU is delayed, I am confident that all parties remain optimistic that we can finalise a treaty which guarantees the fluidity at the frontier and the other elements necessary for Gibraltar and its neighbours in the region to share in a future of âshared prosperityâ that will not be a victim of the departure of the United Kingdom from the EU but an example that cooperation can endure despite it.â
âFor Gibraltar, that comes with a guarantee of continued, undiluted British Sovereignty over the Rock.â
The UKâs commitment on sovereignty was also underlined by Lord Ahmad in response to questions from Lord Hoyle in the House of Lords this week.
Lord Hoyle, father of Sir Lyndsay Hoyle, the Speaker of the House of Commons, had asked the UK Government as to what steps it was staking to ensure that Gibraltar was protected politically and economically from the negative consequences of leaving the EU.
Lord Ahmad said the framework agreement announced on December 31, 2020, would provide the basis for a UK/EU treaty on Gibraltar and that the UK Government remained confident this could be agreed.
âWe are committed to delivering a treaty which safeguards the UK's sovereignty of Gibraltar and supports the prosperity of both Gibraltar and the surrounding region,â he said.
âNegotiations will begin once the EU has agreed its mandate and we are confident that a treaty between the UK and the EU can be agreed.â
âHowever, if this does not prove to be the case, or the deal on offer is not the right one for the UK and Gibraltar, we are fully prepared to accept the implications.â
âThe UK will stand fully behind Gibraltar, its people and its economy in any scenario.â
And in a response to a second question from Lord Hoyle, Lord Ahmad reaffirmed the UKâs double-lock commitment on sovereignty to the people of Gibraltar.
Lord Hoyle had asked whether it was the UK Governmentâs position that Gibraltar would remain British for as long as the residents of the Rock wish it to be.
âThe UK stands by its assurances to Gibraltar that we will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes, nor enter into a process of sovereignty negotiations with which Gibraltar is not content,â Lord Ahmad replied.
The European Commission confirmed earlier this year that it would seek a mandate from the European Council to begin formal negotiations for a UK/EU treaty on Gibraltar based on the New Yearâs Eve framework agreement between the UK and Spain.
The hope last December had been to conclude the treaty by the end of June but, six months on, the EU mandate has yet to be finalised and approved so that negotiations can start.
The UK and Gibraltar have already finalised their negotiating mandate ahead of the talks and continue to maintain contact with Spanish counterparts while the EU finalises its position.
Bridging measures are expected to remain in place in the meantime allowing for additional time to negotiate the final agreement.
Yesterday, Spain announced it would continue interim arrangements at the border to relating to such as driving permits and healthcare rights for cross-border workers to October 31.
In marking the fifth anniversary of the Brexit vote, Mr Picardo said Gibraltarâs core focus had been on delivering âa viable and fruitful solutionâ for both Gibraltar and the neighbouring area to guarantee frontier fluidity, continued investment and job creation.
The New Yearâs Eve framework agreement was a vehicle that had the potential to deliver prosperity to the Rock and the neighbouring hinterland for years to come.
But he added too that despite the partnership with the UK Government over the past five years to achieve that aim, he still viewed the result of the 2016 referendum âwith a tinge of sadnessâ.
âI have never worked so hard since the announcement that day to give my all for Gibraltar, as have done all my colleagues in Government and in the core Brexit team,â he said, highlighting the contribution in particular of Deputy Chief Minister Dr Joseph Garcia, Attorney General Michael Llamas and Financial Secretary Albert Mena.
âI thank everyone who has worked with us since then and I pledge not to rest until we finalise suitable arrangements for Gibraltar that successfully deliver the certainty and security that we need going forward.â
âI especially thank Joseph, Michael and Albert for their hard work each day as we have slogged through.â
âMy job now is to ensure that, generations from now, when people look back on this anniversary, they can reflect that things did not turn out so badly for Gibraltar in the end as a result of the work and solutions delivered by my government team and that the relationship with Britain and Europe has blossomed despite the challenges."
âWe are not there yet, but we can see light at the end of the Brexit tunnel now.â
âHopefully, we will be fully out of the tunnel soon.â
WHAT DOES âSTAND FULLYâ BY GIBRALTAR, IF NO EU TREATY, MEAN?
Robert Vasquez Uncategorized June 23, 2021 4 Minutes
So, the UK âwill stand fullyâ by Gibraltar, if talks with the EU on a post-Brexit treaty engaging Gibraltar fail. We have it from the UK Parliament in the form of an answer to questions in the House of Lords.
Does this mean it will allow us to live at the extravagant level (when compared to UK voters) that we have today? Does this statement indicate that the UK-EU talks on a Gibraltar treaty are stuck and may well fail to come to a good conclusion? Why the need for a treaty, if the UK will support us so that we will continue with our current lifestyle?
WHAT WAS SAID, AND WHAT DOES IT MEAN?
Lord Ahmad of Wimbledon, Minister for South Asia and the Commonwealth at the FCDO, said in the House of Lords that The UK Government is âfully prepared to accept the implicationsâ, should no post-Brexit treaty by the UK with the EU over Gibraltar be agreed.
Well, that only means that whatever the implications, these will be âacceptedâ, as we say here, âdi huevo con la boca cerradaâ, a saying that briefly means that Lord Ahmadâs answer simply states the obvious.
We, in Gibraltar, are the ones who will have to âacceptâ and live with the consequence of no agreement, not the UK, or its government, or its people.
WHAT DOES âSTAND FULLYâ BEHIND SUGGEST?
Lord Ahmad went on to say that âThe UK will stand fully behind Gibraltar, its people and its economy in any scenario.â What does that mean?
The statement raises more questions than it answers. Is it a political commitment? If so, it has no flesh but is mere bones, beyond the repetition of the âdouble-lock formulaâ. On the economy, no doubt the UK will âstandâ with us, but doing what? Giving aid? Providing new loans? If so, on what terms and conditions?
Continued at link.
24th June 2021
The UK, Spain and Gibraltar remain âextremely positiveâ ahead of talks for a UK/EU treaty on Gibraltar, with the European Commission expected to finalise its negotiating mandate âbefore the summer breakâ, the House of Commons was told yesterday.
Lyndsay Croisdale-Appleby, the UKâs Head of Mission to the EU, told the Commonsâ Foreign Affairs Committee that the New Yearâs Eve framework agreement provided a âvery strong basisâ for the negotiation, even while acknowledging that there remained much work to do before a treaty could be agreed.
âWhat it does is provide a framework, so itâs absolutely true that there is quite a lot of complexity around movement of people and itâs a special arrangement which obviously needs to work with the EUâs Schengen system for people,â he said, responding to a question from Conservative MP Henry Smith.
âSimilarly, there are quite complex issues around the way the goods relationship would work.â
âThose I think are the two big areas of the agreement which will take working through via the mandate which we will expect the EU to produce before the summer break.â
âBut I think the spirit between the UK, the Government of Gibraltar and Spain on this remains extremely positive and the relationships that have underpinned it, in particular the sort of determination of all parties to build an area of shared prosperity around Gibraltar and the Campo de Gibraltar as the Spanish call the area.â
The UK, Spain and Gibraltar had hoped a treaty could be concluded by the end of June but the negotiations have yet to start while the Commission finalises its negotiating mandate, which must then be approved by the European Council.
Given the delays so far, talks seem unlikely to commence until after August during which much of Brussels shuts down for normal business.
Speaking during the same session of the Foreign Affairs Committee, Lord David Frost, the UKâs chief Brexit negotiator, hinted at the UKâs frustration at the progress toward negotiations.
âObviously at the moment with regards to Gibraltar, weâre operating on the basis of the political understanding agreed right at the end of last year and that now needs to be formalised,â Lord Frost said.
âI think weâd have liked it to go a bit quicker than it has, but these things are often more complicated than you think and take longer, but weâre ready to go when the EU is ready.â
Mr Smith asked the two witnesses during the session how the movement of people would work and whether the mechanisms agreed in the Cordoba Accord might offer a solution.
He asked too whether there were any parallels between Gibraltar and Northern Ireland in terms of alignment with EU rules.
Mr Croisdale-Appleby, who in a previous role as deputy chief Brexit negotiator was deeply involved in talks relating to Gibraltar, replied that the situation now was very different and the context had changed because the border with Spain was now an external EU frontier.
âWe are instead looking at a solution that reopens the whole of the border area, rather than just having a corridor through the airport,â he said.
âIn terms of whether there are parallels with other situations, whether in Northern Ireland or elsewhere, I would say that I think the EU recognises that the situation in Gibraltar is rather distinctive as the other situations in which weâve found agreements are.â
UPDATE 28 JUNE:
Gibraltar and the UK continue to plan for no border agreement with Spain
The Deputy Chief Minister said that it was sensible and prudent, as had happened since 2016, to make plans for no agreement, even though the Government remained fully committed to an agreement on the future relationship of Gibraltar with the European Union.
Arancha Gonzalez Laya to be replaced as Spanish Foreign Minister by José Manuel Albares
Arancha Gonzalez Laya is to be replaced as Spanish Foreign Minister, with Spanish ambassador to France, José Manuel Albares, to take up the post instead.
According to reports in the Spanish press, Mr Albares has been a long-time adviser of Spanish Premier, Pedro Sanchez, and has been involved in international negotiations, including over Brexit.
For her part, Arancha Gonzalez Laya tweeted that it had been a great honour to serve her country and its citizens. She thanked Pedro Sanchez for his trust in her, as well as her colleagues at the Ministry of Foreign Affairs.
CHIEF MINISTER'S RESPONSE
The Chief Minister says he has thanked Arancha Gonzalez Laya for her "positive approach' during her time in office, and wished her well on behalf of the people of Gibraltar.
Fabian Picardo says the reshuffle in the Spanish government has been widely predicted. He says José Manuel Albares has worked on Gibraltar matters before, at the time of the Withdrawal Agreement, and is therefore "familiar with the respective positions of the parties". Mr Picardo says he looks forward to the UK-EU treaty negotiations being "positively supported" by Mr Albares as he takes over in the Spanish Foreign Ministry.
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We have a new foreign minister in Spain. The effect of this change, on the ongoing position engaging Gibraltar at Brexit, is not likely to be felt. Many indicators point to the improbability of any fundamental derailing of the process already begun.
On Saturday, Pedro Sanchez, the PSOE Spanish President, announced the appointment of JĂłse Manuel Albares. He replaces Arancha GonzĂĄlez Laya.
NO NOVICE TO GIBRALTAR ISSUE
Mr. Albares seems, in his prior appointments, to have already been involved in matters engaging Gibraltar. Accordingly, he does not come in as a novice to where Spain and the UK find themselves over Gibraltar today.
He seems rather to stand in a strong position to be able to continue the process started before his appointment. Indeed, it was started by Alfonso Dastis, the PP Spanish foreign secretary, who preceded even Ms. GonzĂĄlez Laya, which itself is a sign of institutional commitments on the part of the ministry of foreign affairs.
SPAINâS POSITION DEFINED
More importantly, the Spanish position concerning Gibraltarâs future relationship with the EU is already broadly agreed. That agreement is public. It is contained in the framework agreement arrived at midnight on the 31st December 2020.
It is that process which is to be continued.
FRAMEWORK LEADS TO EU WIDE TREATY
In his speech to Parliament, in mid-January this year, the Chief Minister, Fabian Picardo opened saying, â⊠we have reached an in principle framework agreement with the United Kingdom and Spain for a potential treaty between the United Kingdom and the European Union to govern the future relationship between the EU and Gibraltar.â
Importantly, this statement confirms that Spain has agreed with the UK over Gibraltar where the EU is concerned. It puts Spain and the UK on the same side, within the parameters of that framework agreement, to go forward together for the EU and the UK to reach a treaty on how the EU and Gibraltar will interact in the future.
What is to come, as Mr. Picardo says, is a negotiation between the EU and the UK for a treaty involving how and what will be Gibraltarâs relationship with the EU. That being so, the participation of Mr. Albares will be in a capacity of one of 27 member states of the EU, but him working, in that capacity, within a framework already agreed by his PSOE Government.
EU WILL NOT LET SPAIN DOWN
Certainly, we still wait patiently for the EU negotiating mandate. There is undoubtedly huge potential for the EU to raise complex issues within that negotiating mandate, which will need to be worked through before arriving at a treaty.
It would be unusual, however, and a slap in the face to Spain, if those issues, raised by Spainâs club, the EU, were incompatible with the framework agreement. That is not how the EU works. The EU will plough a course for itself, but that course will be carefully worked out within the furrows permitted by what its member/members, in this case, Spain, have publicly agreed.
SPAIN WILL NOT EMBARRASS EU
Reciprocally, it would be wrong for Spain, an EU member state, to place the EU in an embarrassing place by changing that which it has done in the framework agreement, simply because there has been a change in the identity of the foreign minister. That is not how international relations and diplomacy works.
In international relations, there is a momentum towards conformity to that which has been progressed by predecessors; absent the ability to change these without consequences on others in oneâs own club, in this case, the EU.
ALBARESâ HISTORY POINTS TO NO CHANGE
The likelihood of continuation without change, on the Gibraltar Brexit front, is magnified by the history of Mr. Albaresâ public career, and the reason for the change in the Ministry. `
That change was not propelled by Gibraltar. It was driven by the acts of Ms. GonzĂĄlez Laya concerning Morocco.
Mr. Albares is an experienced diplomat, although he put that career to one side in 2015 to join Mr. Sanchezâs team. He went back to a career as a diplomat following the PSOE lack of success at the polls, but with a strong desire to return to Mr. Sanchezâs side on being summonsed, which he did on being called, in 2018.
In 2018, Mr. Albares became PSOE Government Secretary General for International Affairs. A post which would have involved him in the ongoing matters relating to Gibraltar. Following a spell in this position he returned to Paris, as Spanish ambassador to France.
All that is evidence that, politically, he is an avid supporter and strongly loyal to Mr. Sanchez. Mr. Sanchez is publicly committed to the policy towards Gibraltar as is envisaged by the framework agreement.
PRESIDENT AND FOREIGN MINISTER STAND TOGETHER
He is now the Spanish Foreign Minister. In that capacity he has the full support and confidence of Mr. Sanchez to see matters over Gibraltar through, and to resolve/dissolve the row with Morocco. He stands alone in that position, but together with, and as the lone advisor to, Mr. Sanchez on foreign and international matters.
As foreign minister, he has the responsibility to support Mr. Sanchez in seeing the forthcoming negotiations between the EU and the UK on Gibraltar through. All points to him participating in these within the terms of the framework agreement. So, all change at the Spanish foreign ministry points to no or little change over Gibraltar in the next months.
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As negotiations to determine future cross-border arrangements between Gibraltar and Spain continue under the necessary secrecy associated with diplomatic exchanges, the University of CĂĄdiz organised a seminar to discuss possible eventualities specifically dealing with cross-frontier workers.
The seminar was held on the 2nd of July at the Palacio de Congresos in La LĂnea, with others in attendance online.
Under the title âCross-frontier workers post-Brexitâ, Professor Inmaculada Gonzalez Garcia of the Faculty of International Law and International Relations explained that the seminar was part of a wider investigation being carried out by the university under the auspices of the Jean Monnet programme.
The seminar was chaired by the well-known lawyer and one-time Mayor of La LĂnea, Juan Carmona de Cozar.
Carmona became Mayor of La LĂnea at the young age of 27 and is regarded as one of the intellectual powerhouses in the Campo de Gibraltar as well as a man of action, having once swam from La LĂnea to Gibraltar during the Francoist siege.
He introduced the first speaker, the current Mayor of La LĂnea, JosĂ© Juan Franco RodrĂguez of the localist La LĂnea 100Ă100 party.
Juan Franco exuded energy and enthusiasm as he explained that although the prospects of a hard Brexit would take a very heavy toll on his city and the many workers employed in Gibraltar, he would spare no effort to try to ensure that adverse consequences were mitigated as much as possible.
He said that since the referendum of the 23rd of June 2016, when the UK voted to secede from the EU, damage had already been caused, and he referred to the departure from Gibraltar of major companies such as Bet365.
At one time, Bet365 hoped to move part of its operation to La LĂnea in order to maintain close proximity to Gibraltar and for the convenience of its workforce, but national authorities had preferred to favour Ceuta, and in the end Bet365 moved to Malta.
Permeating the Mayorâs robust intervention was the recurring theme repeated over many years by his predecessors including Mr. Carmona that La LĂnea seemed always to be side-lined by the reginal and national authorities.
Next to speak was Gibraltarian lawyer and Honorary Professor of International Law at UCA Charles Gomez.
He said that no sensible discussion on workerâs rights was possible if a prosperous economy was not guaranteed.
He reflected on the impact that Brexit and the Covid-19 pandemic had already had on the economy of Gibraltar.
Although the Government of Gibraltar had acted swiftly to assist local businesses during the initial lockdown, the recurring expenditure in the public sector meant that the government was now trying to extract as much as possible from a debilitated private sector with a real risk of a domino effect if the businesses that had suffered the worst of the lockdowns were not given time and space in which to recover.
He wondered whether the Gibraltar workers unions might have a conflict of intertest when representing both private and public sector workers at a time when their interests seemed to be at loggerheads.
The Gibraltarian economy, he said, is multifaceted and whilst parts of it had suffered tremendously in the past year, others had done well.
He said that the fact that there had been a 37% increase in job vacancies during this period suggested that other parts of the economy in Gibraltar were still being carried by a momentum which we could all do well to ensure does not stop because it provides hope for a resurgence of economic activity in the near future.
Charles Gomez announced that there were several major projects at an advanced stage of development to underscore the intrinsic robustness of the Gibraltarian economy.
Mr. Franco confirmed that there were also projects in the pipeline in La LĂnea and Mr. Carmona alluded to the underlying strength of the Gibraltarian economic base.
Mr. Gomez warned however that this situation had to be nurtured and that this was potentially the last chance for the region to achieve the prosperity that rightly belonged to it.
He said that there was a world outside the Campo de Gibraltar and many potential competitors, including Morocco, who are not standing still, and that the hope was that national leaders would understand this during their deliberations.
Continued at link.
Thursday, July 15, 2021 - 09:26
Main Street businesses fear Schengen Deal could scrap Gibraltarâs commercial advantage
*We are digging our own grave, said trader
Several businesses along Main Street are worried negotiations with Spain and the EU regarding a Schengen deal could backfire if too many concessions are made.
The Gibraltar Government is keeping its cards close to its chest on any moves towards a Schengen agreement, with many businesses angered by the lack of transparency.
As a result, shops on the main street aiming to keep afloat during the economic crisis have little information to work with and fear the inevitable struggle ahead.
âWe are digging our own grave if we join Schengen and we do not have a bespoke deal regarding the trade of goods,â said one small business owner, who wished to remain anonymous. âThe border has always been our safety net and, if it is removed, then we wonât have the commercial advantage we once had in the region.â
No referendum on a treaty with the EU over Gibraltar, as some are demanding, is called for. Gibraltarâs elected representatives, the GSLP Government, are fully involved in all discussions with Spain and the EU about Gibraltar.
In that process, the Chief Minister, Fabian Picardo, and his GSLP Government, have agreed a framework agreement. They must take responsibility at the next general election for and the consequences of their acts.
Now, Hugh Elliott, British Ambassador to Spain, has repeated, what all parties, including the Government, have said, namely, that this framework should be converted â⊠into a treaty, faithfully following what was agreedâŠâ.
MATTERS ARE ALREADY AGREED
The UK position, as outlined by Mr. Elliott, reflects that of the Government, who, the Ambassador says â⊠is totally involved in these conversationsâŠ,â leading to the framework agreement with Spain.
Further, he admits that they have all â⊠had many preparatory conversationsâŠâ to turn that framework into a treaty.
The Government agreed the framework agreement, it is participating in ongoing discussions, the commitment is to faithfully follow the agreed framework. That being so, the call for a referendum is dispensed with, as matters are already agreed by the GSLP, and so precluded by that agreement.
Matters surrounding Gibraltarâs ongoing relations with the EU are conditional, only, on the requirement that any treaty faithfully follows the framework agreement. That is despite so much being left open still, with only parameters and objectives identified.
The responsibility for the framework agreement, and any treaty that will come out of it, rests, already, fully, and squarely, on the shoulders of Mr. Picardo, and our other elected GSLP MPs.
A MULTI-DIMENSIONAL AGREEMENT
Any treaty, like the framework agreement, is not, in any event, a two-dimensional decision process or document. It is multi-dimensional. It will deal with a variety of complex issues at several levels, with consensus reached following detailed negotiation.
To decide acceptance or rejection in a referendum would do no justice to the negotiation. Any treaty reached is not suitable for such a binary âyesâ or ânoâ route.
GOVERNMENTS ARE ELECTED TO GOVERN
The reason we elect a government every four years is precisely to empower it to decide matters, especially complex ones, on our behalf, and in accordance with the manifesto on which it was elected.
If a government steps out of line, the sanction available to the electorate is not to vote for it at a subsequent general election.
OPEN QUESTIONS
Two current open questions are:
Does the EU Commission (âECâ) agree with those parts of the framework agreement that are clear? And,
Is the framework agreement so definite that it can be so faithfully followed, as suggested by the UK and Gibraltar?
It seems that ânoâ answers both those questions right now.
That being so what precisely does Mr. Elliott mean when he alludes to âfaithfullyâ following the framework agreement?
MANY OPEN ISSUES
The framework agreement leaves many an issue open.
It is clear mainly on the position that both the UK and Spain take on sovereignty and jurisdiction; they each reserve their respective positions.
However, according to the framework, the part that Spain will play is large. A reality that both our Chief Minister and the GSLP play down.
It has been agreed that, due to Spain being a member of Schengen, Spain, and not the UK or Gibraltar, will be responsible to the EU in Gibraltar to apply the requirements of any acquis reached, the Schengen Borders Code, and the protection of external limits.
Spain, however, will for four years seek operational assistance from Frontex. Exactly what this means and how it will work is left open and unsaid. But, if any side is unhappy, any treaty will be ended, following unspecified consultations.
Ending any treaty will bring consequences to Gibraltar. Should or can Gibraltar redirect its economy in those four years to meet that eventuality? The difficulties engaged in doing that, and the market forces against it, are apparent today. It is these, and others, that are now driving Gibraltarâs impetus for a treaty.
On mobility of persons, there is an intention expressed that those relevant parts of the âSchengen acquisâ will be applied.
Gibraltar will first decide on immigration eligibility to enter; then Spain will decide on entry into Schengen, with both decisions being âcumulativeâ. The intention is clear, but other detail is left fully open. The relevant checks will be carried out by both at all entry points to Gibraltar.
On goods, the framework agreement leaves open agreement, on a âbespokeâ basis. It does, however, require that the way forward must include an adaptation conforming to the EUâs customâs union and the application of âsubstantiallyâ the same customs and excise duties and VAT. Agreement at treaty level, on this front, is necessary, however, if the border fence is to be brought down, as Spain keeps boasting it will.
Other issues that are subject to final agreement are, tobacco, alcohol, and fuel, which will require there to be established a âlevel playing fieldâ.
Equivalence on the environment and cooperation on enforcement is sought also.
The establishment of an undefined âcohesionsâ fund covering training skills and employment in Gibraltar and the Campo is mentioned.
Undefined equality of treatment of cross-border workers on the same basis as nationals is referred to.
Undefined coordination of social security on a basis âsimilarâ to that included in the EU-UK Withdrawal Agreement is another unspecified aim.
EUâS STANCE REMAINS UNKNOWN
We will not know the ECâs position on the proposed treaty with the UK over Gibraltar until it publishes its negotiating mandate, seemingly next week.
The very need for a negotiating mandate from and a negotiation with the EU shows that there is still much unsaid and needing to be agreed, despite the framework. That being so, what does the intention to âfaithfullyâ follow the framework agreement mean? Very little it would seem.
âFRAMEWORKâ DESCRIBES WHERE WE ARE NOW
All in all, it is fine for Gibraltar and the UK to insist on faithfully following the framework agreement, but there is an undeniable reality, which is that the use of the word âframeworkâ. That is the main and most accurate description of where we are today.
It is very much an âin principleâ agreement. One that outlines what still needs to be agreed in its full complexities and details for a treaty to be signed. What exactly following it faithfully means is difficult to understand right now.
The framework agreement simply goes to summarise, as between Gibraltar the UK and Spain, not the EU, the complexities that need to be overcome to reach any treaty with the EU. It goes to show the number of complex layers that cross-reference each other, which need yet to be negotiated and agreed, including those brought into play by the involvement of the EU, and its âinterestâ.
CONSEQUENCES TO GIBRALTAR AND THE GSLP
The above serve to demonstrate issues that render a referendum incompatible with the reality of the destination that the GSLP, as our government, need to arrive at and take responsibility for. The consequences, to Gibraltar, of failure to arrive at a treaty do not bear thinking about. Spain and the EU must be alert to that.
The success or failure of the GSLP, coming from its agreement to any treaty, will be for the electorate to decide at a general election. It should always be remembered, however, that once signed, a treaty is a one-way street. No new government will be constitutionally permitted to reverse or break such a treaty.
A treaty, governing Gibraltar, will be entered into by the UK. Once entered, compliance with it will constitutionally fall within the Governorâs responsibility, it being an external affair.
Spanish State Secretary hopes New Year agreement is accurately reflected in...
The State Secretary for the European Union in the Spanish Foreign Ministry has met with Campo Mayors today to assure them the region remains a priority for the Spanish Government.
Juan Gonzalez Barba has made the visit ahead of the European Commission publishing a draft mandate for the negotiation of the EU / UK Treaty next week . The journey so far, he said, has not been easy and it has taken some convincing for the EU to get to this position.
Two of the mayors briefly took to social media to announce that pending a treaty, the Spanish Foreign Office aims to remove frontier controls between Gibraltar and Spain early next year.
Brussels approves the mandate to negotiate with London the demolition of the Frontier at Gibraltar. (Direct translation, so it does not mean the actual demolition of the frontier, but rather the frontier controls etc.)
"The Rock will have a special status, but will not be part of Schengen and Spain will be responsible for the control of the port and the airport.
It has taken much longer than expected due to the "complexity" of the matter, but in the end Brussels assumes the agreement reached by Spain and the United Kingdom last New Year's Eve to tear down the Gate of Gibraltar. The European Commission has adopted on Tuesday the mandate to negotiate with London the status of the Rock in the EU after Brexit, which aims to eliminate controls on people and goods on the land border between Spain and Gibraltar."
3rd August 2021
A Spanish Socialist MEP has expressed confidence that agreement can be reached on Gibraltarâs post-Brexit relations with the bloc despite âseemingly irreconcilable positionsâ.
Writing in The Parliament magazine, a respected Brussels publication that is widely read by EU lawmakers and officials, Nacho Sanchez Amor said that despite deep differences on the issue of sovereignty, the UK and Spain had always sought pragmatic solutions to practical problems affecting communities on either side of the border.
But he cautioned too that the UK and Gibraltar should âre-readâ the European Commissionâs proposed mandate published in July, just as they had called on the EU to âre-thinkâ its position.
âWith a common objective, of avoiding the harshest effects of a simple conversion of this area into an external border of the Union, it is now time to shape Gibraltar's future border relationship with the EU, expressly conditioned by Spain's recognition of a logical right of veto over Brussels' decisions and by the previous agreement reached in December with a British delegation that included representatives of the colony,â he wrote.
Continued at the link.
The executive director of Frontex, Fabrice Leggeri, has said the European Unionâs borders and coastguard agency would be âhonouredâ to handle frontier controls at Gibraltarâs port and airport as part of an agreement for the Rockâs post-Brexit relations with the bloc.
In an interview with Spainâs Europa Press news agency published on Sunday, Mr Leggeri said work continued to find a âlegal frameworkâ to make such arrangements possible and, in effect, enable Gibraltar to form part of the Schengen area despite having left the EU alongside the UK.
âIt would be an honour if Spain, the United Kingdom, Gibraltar and the European Commission asked Frontex to take on that role or to support that type of role,â he told Europa Press.
âIt would be an honour for Frontex.â
âWe know that Spain and the United Kingdom have expressed a desire for Frontex to assist in the entry points of Gibraltarâs external frontiers and this means controlling arrivals and exits at the port and the airport.â
Mr Leggeri was speaking after the publication late July of the European Commissionâs draft negotiating mandate for talks on a treaty for Gibraltarâs future relations with the bloc, as envisaged in the framework agreement announced by the UK, Spain and Gibraltar on New Yearâs Eve.
The 26-page mandate set out the Commissionâs proposal for the EUâs negotiating guidelines and must be adopted by the European Council before negotiations for a treaty can commence.
But the draft guidelines drew a cold response from the UK and Gibraltar, which said they strayed significantly over longstanding red lines that the framework agreement had been careful not to cross, including on the presence of Spanish officers on the ground in Gibraltar.
The Commissionâs proposed negotiating position put forward solutions to remove physical checks and controls on persons and goods at the land border between Spain and Gibraltar, while ensuring the integrity of the Schengen area and the Single Market.
The proposals included rules establishing responsibility for asylum, returns, visas, residence permits, and operational police cooperation and information exchange.
But the mandate contained Commission goals that are unacceptable to Gibraltar and the UK and will make any talks fraught with complexity.
The text, for example, recommended that border controls in full compliance with the Schengen acquis be carried out by Spain, including checks on entry and exit at newly established Border Crossing Points at the airport and port of Gibraltar âand the performance of border surveillance in the adjacent watersâ.
There was no mention in the mandate of Frontex officers carrying out those checks, as envisaged in the framework agreement, although an accompanying statement issued by the Commission at the time acknowledged that âSpain has already expressed its full intention to ask Frontex for assistanceâ in meeting its obligations.
Two days after publication of the draft mandate, Spainâs Foreign Minister, Jose Manuel Albares, told his UK counterpart Dominic Raab that Spain remained committed to the framework agreement as the key to negotiating a treaty acceptable to all sides.
âWe are going to comply with everything agreed on the 31st of December and that is what I have told [Mr Raab] and we are going to request the assistance of Frontex,â Mr Albares told at the time, adding: âWe have to create a climate of trust.â
Since its publication, the Commission has been involved in technical talks with representatives of EU member states to set out its position on Gibraltar, the first in a three-step process culminating in ministerial approval.
An EU official in Brussels told the Chronicle in July that the Commission had several sessions planned through to September in the Council Working Group â which brings together Commission officials and representatives of member states - to explain and discuss its proposed negotiating guidelines in detail.
After these technical talks the mandate will be discussed by EU ambassadors before adoption by the European Council at ministerial level.
The official could not confirm a timetable for the process but the final mandate is unlikely to be approved before mid-September at the earliest, after which the Council would ask the Commission to nominate the EUâs chief negotiator for the talks.
In theory at least, the Commissionâs mandate could change through that process of discussion with EU member states, not least because the UK and Gibraltar have made clear that in their current form, the guidelines cannot form the basis for treaty talks.
And while there is no public indication of any shift in the Commissionâs position, Mr Leggeriâs comments on Sunday will be welcomed by the Gibraltar Government because they acknowledge that Gibraltar has a crucial say in any decision on the role of Frontex officers on the Rock.
The New Yearâs Eve agreement envisaged that Spain would take responsibility on behalf of EU member states for the integrity of Schengen borders if these were extended to include Gibraltar.
But in order to avoid the contentious issue of âSpanish boots on the groundâ, the UK, Spain and Gibraltar agreed that responsibility would be delegated to Frontex officers.
He spoke of a âdouble filterâ for people arriving through the airport and the port, first through Gibraltarâs immigration controls, subsequently through Frontex-manned Schengen controls.
Mr Picardo said too that if a treaty was finally agreed, it would be Gibraltarâs Parliament that would have to enact legislation in order to bring its contents into practical effect.
âIt is a recognition that in the territorial extent of what we call Gibraltar, any actions to be carried out by Frontex, any mechanisms through which a person will be required to pass, can only be compelled by an Act of the Parliament which governs our nation,â he said.
âIt is that essential. And in that respect, what we have is an assertion of our sovereignty, our jurisdiction and our control in the most direct, most obvious and most undeniable manner.â
The issue of Frontex, however, is just one of many concerns arising from the Commissionâs proposed negotiating mandate for the treaty talks.
The UK and Gibraltar governments agreed that the guidelines were âunacceptableâ in a number of other areas ranging from asylum and residence to commercial arrangements, analysis shared by the Opposition too.
âThere are too many problematic parts of the mandate for it to form the basis for the successful negotiation of a treaty,â Mr Picardo said at the time of the mandateâs publication.
âWe have a lot of work to do in order to be able to bring to fruition in a UK/EU treaty the enthusiasm and optimism that welcomed the New Yearâs Eve Agreement in Gibraltar and the region around us.â
âI will not give up, but the EU needs to become a partner in the process and not continue to be a hindrance to it.â
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The announcement that Frontex would be âhonouredâ to undertake frontier controls at our port and airport is not real news. The news remains that the mandate prepared by the EU Commission includes requirements that are not acceptable to the UK or Gibraltar, with both saying as much.
But a collapse, before any negotiations toward a treaty start, does not interest any of the primary parties involved, Gibraltar, the UK, or Spain, despite that today, it is the most likely outcome.
EU DOES NOT CONFORM WITH FRAMEWORK
Where we stand currently is that the UK and Gibraltar do not think that EU mandate is a platform from which an intended treaty can be negotiated.
The UK/Gibraltar argument, in a nutshell, is that the mandate does not conform with the matters agreed to in the framework agreement of the 31st December 2020. That is said to be so, despite that the skeleton contained in it does not cover all points or determine all relevant matters, which the EU mandate does expand on.
The position of non-conformity with the framework agreement is accompanied by statements from Spain, which remains committed to that agreement, as being the cornerstone to reach a negotiated position with the EU.
UK, GIBRALTAR, AND SPAIN ON SAME SIDE?
For once, seemingly, the UK, Gibraltar and Spain are on the same side, facing the EU.
But the fundamental question is whether that reflects reality, or whether reality is that Spain is playing âgood copâ and the EU âbad copâ? It will become clear only over the next couple of months.
WHAT WILL THE EU COUNCIL OF MINISTERS COME UP WITH?
Continued at link.
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3rd September 2021
By Maria Jesus Corrales and Brian Reyes
Spanish authorities have been trialling new biometric border control systems at the frontier with Gibraltar, part of contingency planning in the event that a UK/EU treaty on Gibraltar is not negotiated.
The new systems have been installed as part of a major refurbishment of border infrastructure and include automated equipment to scan faces, fingerprints and passports, alongside traditional manual checks by Policia Nacional officers.
They are aimed primarily at pedestrians, although Policia Nacional officers tasked with immigration duties have also trialled a tablet device that enables them to scan passports, fingerprints and faces of people in vehicles.
Spainâs Ministry of the Interior, which is responsible for border controls, has not commented publicly on the trials, which have focused on people leaving Spain.
But sources in the Policia Nacional and in Gibraltar have confirmed that the equipment has been tested on multiple occasions over the past weeks, as have commuters caught up in the trials.
One man who lives in Spain but is employed in Gibraltar expressed surprise at the extent of the controls after his passport and ID card were checked, his photo was taken and his fingerprints scanned.
âI was only trying to get to work,â he said.
The trials are usually conducted over short 20-minute periods and for most people, months after the end of the Brexit transition period, crossing the border still continues to be relatively hassle free.
But they signal the type of scrutiny that communities on both sides of the frontier can expect if efforts to agree a UK/EU treaty on Gibraltar fail to prosper.
Gibraltar, the UK and Spain say they want to agree a treaty that will guarantee free movement across the border and lay the foundations for what they describe as an area of shared prosperity.
But with the UK and Gibraltar now outside the EU and Spainâs sovereignty aspirations still in the backdrop, negotiating such an agreement will be fraught with complexity.
In Gibraltar, the Gibraltar Government said it will do everything possible to reach a deal but that it will not cross long-established red lines on sovereignty, jurisdiction and control.
While working toward an agreement, it is also preparing for a âno dealâ scenario.
The trials of biometric equipment at the border in recent weeks signal that Spain, while still publicly committed to a treaty, is also preparing for a scenario that everyone hopes to avoid.
If a treaty is agreed, Gibraltar could form part of the Schengen area and the controls at the land border would disappear in practice.
But without a treaty, the border will become an external EU frontier and Spain will have to apply strict controls, particularly on non-EU citizens, in order to comply with its Schengen obligations.
âThe trials are a test for how the border will function as an external Schengen frontier,â one British source told the Chronicle.
Another source at the Policia Nacional told the Chronicle that in the absence of an agreement, the biometric checks would become the norm as from 2022.
All of the automated border control gates at the exit from Spain into Gibraltar have now been upgraded and are able to scan passports and ID documents, fingerprints and faces.
The new infrastructure, which is not currently in constant use, also includes a parallel route for pedestrians similar to immigration set-ups in airports, where a personâs documents can be checked manually by Spanish police officers.
The concern for people crossing the border is that the biometric checks will lead to lengthy queues given the volume of traffic, particularly at key commuter times.
For now though, the border continues to flow with relative normality, albeit subject to occasional queues.
The UK â with Gibraltarâs backing - and Spain extended the memorandums of understanding stemming from the Withdrawal Agreement until the end of October, allowing some breathing space for negotiations on the treaty.
There is no date yet set for those talks to commence, however.
The UK and Gibraltar governments held a series of meetings on the Rock this week as part of preparatory work ahead of negotiations, although officials remain tight-lipped about the nature of those discussions.
The EU has yet to formally adopt its negotiating mandate for the talks and is currently analysing and discussing draft guidelines published by the European Commission in July.
Both the UK and Gibraltar have stated that the Commissionâs draft mandate, in its current form, goes beyond the framework agreement reached with Spain on New Yearâs Eve and cannot form the basis for talks.
https://www.gbc.gi/uploads/news/vC3km_E-c23pnXoAQRM28.jpeg
The European border and coastguard agency Frontex, together with the Spanish police, have been running a pilot project at the frontier.
The biometric system would be required in the event of a Brexit âno-dealâ for Gibraltar.
According to the newspaper Diario Area, the new system offers double border controls through the use of facial recognition and finger prints as well as travel documentation.
This is being used for pedestrians. For those driving into Gibraltar a tablet is being tested that can also scan passports and finger prints and recognise faces.
The system is being tested on an ad hoc basis and if no treaty is signed, will be required to be introduced next year.
The Spanish Ministry of the Interior has made no official announcement on this pilot project but had previously confirmed to GBC the infrastructure at the frontier had been upgraded to include many of these security features.
Measures to allow free movement at the frontier are in place until October.
Frontex together with Spanish police running pilot project at frontier
UK considers changes to Gibraltarâs Border which are âsimilarâ to those made by Spain.
The United Kingdom says it is considering making changes to the Gibraltar border âsimilarâ to those put forward by Spain. The main points highlighted in the proposals were:
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Expansion of the pedestrian entrance building to install automatic doors and move Customs there.
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More space for road improvements to the new tunnel under the runway.
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An enlargement of the container terminal in anticipation of a higher volume of imports.
This has been explained by the Gibraltarian Government in a press release in which it underlines that a series of changes in the infrastructures both at the border and in the Port are under study with a view to halting the failure of the Treaty negotiation.
Continued at link.
Gibraltar decides! EU told 'Rock is OURS' in angry ultimatum â Brexit border row erupts
Amid the EU's increased pressure on the British Overseas Territory, Fabian Picardo claimed the Rock will continue to be part of the United Kingdom post-Brexit. In light of negotiations with the EU over the running of the crucial border, Mr Picardo insisted the sovereignty of the Rock will never be harmed. Celebrating Gibraltar's National Day, Mr Picardo said the territory will never "cede control" over its future to any foreign power.
"The soil of Gibraltar will belong to no one but the people of Gibraltar.
"No one but the Gibraltarians will decide the future of this, our land.
"And we will never make or permit any concessions on our sovereignty.
"We will preserve and maintain full jurisdiction and control over our land and every part of our sea and air.
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