23rd September 2021
Spainâs Prime Minister, Pedro Sanchez, told the United Nations General Assembly in New York on Wednesday that his government was committed to creating âan area of social and economic prosperityâ between Gibraltar and the Campo de Gibraltar based on the New Yearâs Eve agreement.
In a wide-ranging address, he updated the international community on the progress of talks toward a treaty between the UK and the EU on the Rockâs future relationship with the bloc.
But he said too that any final agreement must respect UN doctrine and Spainâs legal position on Gibraltar.
âOn December 31st, 2020, in the context of the United Kingdomâs withdrawal from the European Union, Spain and the United Kingdom came to a bilateral understanding regarding Gibraltar,â Mr Sanchez told the UN.
âThis understanding must serve to lay the foundations for the future relationship of this territory with the European Union and we trust that an agreement will soon be reached between the European Union and the United Kingdom regarding Gibraltar.â
âThis agreement must fully respect United Nations doctrine regarding said territory, with which Spain is fully aligned.â
âIt must also respect the legal position of my country as regards sovereignty and jurisdiction concerning Gibraltar.â
âOur goal is to work towards creating an area of social and economic prosperity that encompasses the entire area of Gibraltar and the Campo de Gibraltar.â
The reference to âjurisdictionâ is unusual â Spain usually talks just of sovereignty when it refers to Gibraltar at the UN â but may reflect the complexity of a proposed treaty under which Spain would be responsible to its EU partners for the application of the Schengen rules in Gibraltar should an agreement be reached.
But Mr Sanchezâ commitment to the New Yearâs Eve agreement will be welcomed by the UK and Gibraltar and comes at a critical time in the Rockâs post-Brexit relations with Spain and the wider EU.
The âbilateral understandingâ referred to by Mr Sanchez is the New Yearâs Eve framework agreement that the UK and Spain, together with Gibraltar, negotiated as the basis for talks on a UK/EU treaty for Gibraltar.
The EU has yet to formally adopt its negotiating position for those talks and a draft mandate presented by the European Commission in July is currently under discussion in Brussels.
The UK and Gibraltar have both rejected that draft as the basis for talks, arguing that it goes further than the framework agreement in many aspects and is âunacceptableâ.
On Wednesday, the UKâs Europe Minister Wendy Morton said the UK had urged the EU to make changes to its âdisproportionateâ draft position, making âabsolutely clearâ that sovereignty was off the table and that the UK would stand by Gibraltar whether or not there was a deal.
âWe really encourage the EU to address what we feel are the flaws in the draft mandate,â Ms Morton told MPs on a House of Commons committee.
âAnd we want to see them move quickly now with the process of adopting a mandate that actually reflects the UK-Spain framework that weâve already agreed.â
Earlier this week, Spainâs State Secretary for the European Union, Juan GonzĂĄlez-Barba Pera, said Madrid was pushing for changes in the negotiating guidelines to include a specific reference to Frontex, one of the key issues for the UK and Gibraltar.
In the rest of his speech, Mr Sanchez said Spain was committed to international efforts on security, equality and climate change.
He advocated a defence of democracy ââŠas the sole alternative in the face of any totalitarian, exclusionary and intolerant movement.â
He defended too of international cooperation and multilateralism ââŠas the only way forward to provide real solutions to the challenges the world is facing today.â
On Covid-19, he called for greater coordinated international efforts to ensure vaccinations were available to all countries around the world.
âNo one is going to be safe until everyone is safe,â he said.
He reflected on security issues in Afghanistan and other hotspots including the Sahel, but focused heavily too on what he said was the greatest common challenge facing all countries in the world.
âWithout question, the climate emergency is the overriding crisis of our time,â he said.
âThere is no room left for denial.â
âThe reality of climate change is something we witness on a daily basis and the consequences are increasingly dramatic.â
âMajor wildfires, chronic droughts, floods and unprecedented weather events are diminishing our resources, dramatically changing our way of life and causing irreversible loss of biodiversity.â
Climate change, he added, required âshared multilateral responses at the highest levelâ.
5th October 2021
The European Council on Tuesday adopted the bloc's negotiating position for a UK/EU treaty on Gibraltar, clearing the way for talks to commence.
The mandate, which was the subject of weeks of technical talks between the European Commission and the Council, was approved last week by EU ambassadors and adopted today during a Council meeting of EU economic and financial affairs ministers.
The negotiating mandate itself has not been published, but all the indications are that a number of changes have been made to a draft position published by the European Commission in July.
The Chronicle understands they include a specific reference to the role of Frontex in the application of any Schengen checks inside Gibraltar.
The Commissionâs draft mandate received a cold response from the UK and Gibraltar in July, both of which raised numerous concerns including the absence of any reference to Frontex.
âThe Council today adopted a decision authorising the opening of negotiations for an EU-UK agreement in respect of Gibraltar, as well as the negotiating directives,â the Council said in a statement confirming the adoption of the mandate.
âOn this basis, the European Commission can now begin formal negotiations with the United Kingdom in respect of Gibraltar.â
âThe aim of the negotiations is to establish a broad and balanced agreement between the EU and the UK in respect of Gibraltar in view of the particular geographical situation and specificity of Gibraltar.â
âThe envisaged agreement between the EU and the UK in respect of Gibraltar should be without prejudice to the issues of sovereignty and jurisdiction.â
Gibraltarâs Attorney General, Michael Llamas, said negotiations could commence as soon as this month, although a timetable has yet to be published.
The EU Gibexit negotiating mandate, just published, requires that Spain monitors entry and exit through Gibraltar airport and port, but makes clear that this does not mean Gibraltar accedes to the Schengen Acquis. Although, for the first four years, Spain will seek the assistance of Frontex to physically apply those controls.
Additionally, the mandate requires that Spain takes over border vigilance of the waters adjoining Gibraltar, and the elimination of unfair competition, including on bunkering.
We await the reaction of the Gibraltar and UK Governments to the mandate, but the absence of fundamental changes from the draft EU Commission mandate does not augur well for talks, were Gibraltar to have a real choice anyway.
Continued at link.
The EU Ministers have given the go ahead to a negotiating mandate, which is strangely being kept secret.
That secrecy could be due to fear of criticism, as now agreeing to negotiate, following the initial abject rejection by the UK and Gibraltar of the EC European Commission (EC) draft mandate, points to a climbdown by our GSLP Chief Minister, Fabian Picardo.
What we get now is platitudes from Mr. Picardo, to the effect that the negotiations will be âhard and trickyâ, but that no concession on âsovereignty, jurisdiction and controlâ will be made.
That last phrase continues, however, to be undefined by any of our politicians. It needs definition in manner suggested below, especially considering the current secrecy of the EUâs position yet the agreement by Gibraltar to sit at the table to negotiate.
SECRECY INDICATIVE OF CLIMBDOWN?
The secrecy raises the question whether it is motivated because the initial rejection by the UK and Gibraltar of the EC draft mandate has weakened their negotiating position.
That draft mandate, published last July, was immediately criticised by the UK and Gibraltar as conflicting with the 31st December 2020 Framework Agreement with Spain, and so it not being capable of forming a basis for negotiation.
Accordingly, if the finalised EU mandate does not greatly change that position, the UK and Gibraltar now agreeing to negotiate puts them both on the back foot, and a weaker position, in the negotiation that will follow, than it would have been had they not rejected the draft EC mandate outright so immediately.
What has changed to allow now for negotiations to start cannot be known whilst the EU mandate is kept secret.
Continued at link.
7th October 2021
Any UK/EU treaty on Gibraltar must âhonour the principlesâ of the New Yearâs Eve agreement reached by the UK, Spain and Gibraltar, the chairman of a House of Commons select committee said this week, adding that âloss of sovereignty and perpetual alignment with EU rulesâ cannot be the âprice of the dealâ.
Conservative MP Bill Cash was reacting after the EU approved the negotiating guidelines for treaty talks earlier this week, clearing the way for negotiations to commence.
The mandate, which was the subject of weeks of technical talks between the European Commission and the Council, was approved last week by EU ambassadors and formally adopted during a Council meeting of EU economic and financial affairs ministers.
The final negotiating mandate has not been published, even though a draft of the document had been released earlier this year.
But all the indications are that a number of changes have been made to the draft position published by the European Commission in July, include adding a specific reference to the role of Frontex in the application of any Schengen checks inside Gibraltar.
The UK and Gibraltar had rejected the Commissionâs draft mandate in July, saying it went further than the framework agreed on New Yearâs Eve.
âA deal with the EU on Gibraltar must honour the principles agreed by the UK, Spain and Gibraltar in December â securing resources and the livelihoods of workers crossing the border every day,â said Sir Bill Cash, the Chairman of the European Scrutiny Committee in the Commons.
âThis is the best and quickest route to a deal before the end of the year.â
âWeâre happy to see the EU has reconsidered the entirely unacceptable notion that Spanish border agents would carry out checks on Gibraltan [sic] soil.â
âFor the sake of everyone in Gibraltar and Spanish citizens working there, we hope for a speedy conclusion of talks, but loss of sovereignty and perpetual alignment with EU rules cannot be the price of the deal.â
âI strongly support the position of the UK Government and the Government of Gibraltar and my Committee will continue to enquire into this matter over the coming weeks and months.â
In a report last month, the European Scrutiny Committee expressed fears Gibraltarâs burgeoning bunkering industry could stall if proposed EU changes to energy tax rules were adopted and applied to the Rock.
The Gibraltar Government said the committeeâs report had been prepared without its input, despite the explicit references to Gibraltar, and was âunrealisticâ.
It said the committeeâs concerns were âunfoundedâ.
8th October 2021
Negotiations for a UK/EU treaty on Gibraltarâs post-Brexit future with the bloc will start on Monday in Brussels.
The news was revealed by Maros Sefcovic, the vice president of the European Commission, on Twitter on Friday morning after he spoke to UK Foreign Secretary Liz Truss.
Mr Sefcovic said he looked forward to âconstructive discussionsâ in respect of Gibraltar.
A good first call with UK Foreign Secretary @trussliz today. Looking forward to constructive
discussions in respect of Gibraltar. Following the @EUCouncil adoption of the mandate, the first round of negotiations to take place in Brussels on 11 October.
â MaroĆĄ Ć efÄoviÄ
(@MarosSefcovic) October 8, 2021
Earlier this week, the European Council adopted the blocâs negotiating position for the talks.
The EU said its aim was to negotiate a âbroad and balanced agreementâ that reflected the Rockâs unique circumstances ââŠwithout prejudice to the issues of sovereignty and jurisdiction.â
The EUâs final negotiating mandate has not been published but a number of changes have been made to the draft position published by the European Commission in July.
The changes include adding a specific reference to the role of Frontex in the application of any Schengen checks inside Gibraltar.
The Government says it's pleased with the progress made in the first round of talks between the UK and the EU. In a statement it says that although the parties have been presenting their respective, and sometimes contrary views, on how best to implement the New Years Eve Agreement, the relevant exchanges have been pursued in a mutually constructive and positive spirit. It looks forward to this continuing engagement in coming weeks in future rounds of talks.
Meanwhile the El Pais Newspaper says discussions are scheduled to take place every three weeks until December, when the negotiations over the Rock's future relationship with the EU will end.
The Spanish newspaper says, however, that many in Brussels believe the negotiations will be extended beyond then.
According to the Spanish national newspaper, the agenda for this week's meetings include the establishment of both sides' starting points in the negotiations, and the clarification of any doubts that may arise.
El Pais says this week's meeting in Brussels, held at a technical level, will be followed by another in London in three weeks' time, and then every three weeks until December, although sources in Brussels suggest negotiations are likely to go beyond that.
El Pais quotes sections 15 to 25 of the European Council's negotiating mandate 68 point annex, which it says suggests that Spanish Border Guards will be in charge of the control of passengers at the entrance to Gibraltar through the airport and the port, and that it will be Spain who decides whether visas and residence permits are granted to arrivals from third countries.
It speculates that the absence to any references to the European border agency Frontex is likely to have irritated the UK.
Recent talks included the topic of "mobility of persons" -
Brexit: Negotiations on Gibraltar start this week with talks on "mobility of persons"
The talks on "mobility of persons" are due to take place tomorrow, with both the EU and UK presenting their preferred model, along with a "general discussion" on workers' rights later in the afternoon, according to a Council of the EU document obtained by Statewatch.
A version of the negotiating directives for the talks produced on 30 September outlined the EU's intention that Spanish officials would be granted powers to conduct border controls in Gibraltar, although on 5 October the Financial Times reported that the EU would instead seek to give this power to Frontex officials:
"Diplomats told the FT that at a meeting of EU ambassadors on Tuesday, member states agreed instead to propose that officials from Frontex, the pan-EU border force, are stationed at Gibraltarâs port and airport alongside local officials."
20th October 2021
Spainâs Foreign Minister, Jose Manuel Albares, insisted on Tuesday that his government hoped a UK/EU treaty on Gibraltar could be sealed âbefore the end of the yearâ, as he told reporters that negotiations were âfollowing their courseâ and there was ânothing to worry aboutâ.
Speaking in Madrid after a meeting with the Campo de Gibraltar mayors, Mr Albares expressed his governmentâs âclear commitmentâ to negotiating a treaty that allowed for shared prosperity on both sides of the border.
Mr Albares was repeating statements he had already made earlier in the week on the sidelines of a meeting of EU foreign ministers in Brussels on Monday.
âOur desire is to have an agreement before the end of the year that provides guarantees and stability to all the Campo de Gibraltar,â Mr Albares said.
Asked where the main areas of disagreement lay after the start of talks earlier this month, Mr Albares said there were âno difficultiesâ.
Earlier this week, the UK Foreign Secretary, Liz Truss, said the EUâs opening position in the treaty talks âdirectly conflictsâ with the New Yearâs Eve political agreement in âa number of areasâ.
In a written statement to the House of Commons, Ms Truss acknowledged that the EU negotiating mandate had been changed to include a reference to the role that Frontex would take in implementing any Schengen checks inside Gibraltar arising from a treaty.
But she said too that there were still numerous issues to address as part of the talks.
In Madrid on Tuesday, Mr Albares sought to play that down.
âEverything takes its timeâŠand the negotiations are following their course, so at this time thereâs nothing to worry about,â he said.
Mr Albares repeated too earlier statements that tension between the UK and the EU on the Northern Ireland Protocol âshouldnâtâ spill over into talks on Gibraltar.
âA small area like Gibraltar is nothing like Northern Ireland, which covers a very extensive zone,â he said.
âAs such, it shouldnât [have an impact].â
âIn any event, these are two separate negotiations and we are emphasising that.â
âSo there shouldnât be a collision between the two.â
The Spanish minister said that while Spain was confident an agreement could be reached, it was also preparing contingency plans in the event of no deal, much as the UK and Gibraltar are doing.
âPlan A is to achieve an agreement that is mutually beneficial,â he told reporters.
âBut obviously we are ready for any eventuality.â
Mr Albares was also asked whether plans to develop the eastside reclamation plot, announced by the Gibraltar Government earlier this week, clashed with commitments set out in the Memorandums of Understanding agreed as part of the Withdrawal Agreement.
âWe are analysing all possible situations that could arise and what we have to do is guarantee that those memorandums are later transposed into the agreement, so that what are currently contingency measures become definitive,â he said.
âAll circumstances are being discussed and negotiated.â
The meeting in Madrid was welcomed by the Campo mayors, who secured commitments from the minister for investment in the area.
Juan Lozano, the president of the Mancomunidad de Municipios del Campo de Gibraltar, said the mayors had been briefed on the progress of the talks, which Mr Albares told them were on âa good trackâ.
He said negotiators aimed to reach a deal by the end of the year, although âit could be soonerâ.
Mr Lozano acknowledged the impact that no deal could have on the Campo and said âwe wonât get rid of this uncertainty until a deal is signedâ.
âIâm focusing on the positives, which are that the Spanish Government, the Ministry for Foreign Affairs, is putting sparing no effort so that at the end of this, this treaty does away with that fence that separates Gibraltar and the Campo for good that,â he said.
âFor this to be an area of shared prosperity as a result of this Brexit treaty and for whatever funding the EU and the UK are willing to put on the table for training and employment become a reality.â
The ghost of a hard Brexit is haunting Gibraltar once again. Instead of being eliminated, the border between the British Overseas Territory and Spain, known locally as La Verja (literally, the fence), could become a daily nightmare for the nearly 10,000 Spaniards who cross it every day for work.
If ongoing post-Brexit negotiations between the United Kingdom and the European Union fail to bear fruit, the European Commission could demand that Spain start carrying out the kind of checks on passengers and goods at La Verja that are performed at the EUâs external borders.
Right now the biggest danger is that the Gibraltar negotiation could be affected by stalled talks on the Northern Ireland protocol, after the British government signaled that it wants to replace rules it agreed to in 2019 covering trade between Northern Ireland (in the UK) and the Republic of Ireland (in the EU).
Continued at link.
Frontex, the European Union Borders & Coastguard Agency, has completed a trial of a new automated IT system for immigration checks on non-EU travellers crossing the blocâs external borders.
The Entry/Exit System [EES] would be implemented at Spainâs border with the Rock in the event that talks for a UK/EU treaty on Gibraltar fail to reach a deal.
Negotiators from the UK â including Gibraltar â and the EU are trying to agree a deal that could see Gibraltar form part of the Schengen area and effectively do away with immigration checks at the border.
The second round of talks will take place in London next week.
Spainâs border with Gibraltar was one of two locations â the other was Bulgariaâs border with Turkey â where the EES system was tested earlier this summer, including self-service kiosks for pedestrians and mobile devices used for registration and verification of travellers in vehicles.
The EES will register the person's name, type of travel document, biometric data including fingerprints and captured facial images, and the date and place of entry and exit.
It would apply to both short-stay visa holders and visa exempt travellers each time they cross an EU external border.
The EES will replace the current system of manual stamping of passports, which Brussels said is time consuming and does not provide reliable data on border crossings or systematic detection of âover-stayersâ, meaning travellers who have exceeded the maximum duration of their authorised stay.
Pending the outcome of the UK/EU treaty talks, Spain is applying interim measures that mean holders of red Gibraltar ID cards are not subjected to the standard checks applied to non-EU nationals, including passport stamping.
The EES is expected to come into force across the EU by May next year.
By the end of 2022, the EU will also have rolled out the European Travel Information and Authorisation System, which will require non-EU nationals to apply for an Etias visa waiver before departure at a cost âŹ7.
The prospect of the changes has raised concern in the UK about the impact it will have on cross-Channel traffic.
French immigration checks are conducted in the UK and there are fears that the time taken to carry out the checks will cause traffic chaos on roads leading to ports and tunnel terminus.
âIn our context, virtually everybody crosses the border in a vehicle and in a group,â said Tim Reardon, head of EU exit for the Dover Harbour Board, told The Times this week.
âThere is no such thing as an e-gate for a car, and there is no such thing as an e-gate process for people travelling as a group. Theyâre all one-at-a-time processes.â
There will be similar concerns about the impact of applying these checks at Spainâs border with Gibraltar, which is crossed daily in both directions by thousands of people.
Frontex said on Friday that the EES would change the way people cross the EUâs external borders.
âFrontex has just completed the Entry Exit System pilot project at land borders, which was hosted by Spain and Bulgaria,â the EU agency said in a statement.
âThe exercise simulated the future EES environment by collecting and cross-checking the required data in full compliance with fundamental rights and personal data protection measures.â
âDuring the trial, four travellers could be processed at the same time under the supervision of one border guard, proving the efficiency of the system while maintaining direct control of law enforcement officers.â
âAs part of the trial, practical demonstrations of the systems took place at Bulgariaâs border with Turkey and Spainâs border with the UK (Gibraltar) and included self-service kiosks, seamless corridors and mobile devices used for registration and verification of travellers.â
âParticipants observed the processing of passengers and received feedback from colleagues operating the system.â
âThe lessons learned and practical operational outcomes will be used by Member Statesâ border authorities and European agencies alike as the EU prepares for the implementation of the EES.â
FRONTEX OR NO FRONTEX?
*Spanish security sources say that Frontex would be point of conflict and want Spanish police and guardia civil at the land frontier
by JOE GARCIA
With a Frontex entry exit pilot scheme now concluded in what Frontex sources say is Spain, a warning shot has been fired from Spanish security circles, which evinces that all is not well in the negotiations now ongoing about a Brexit deal for Gibraltar affecting the frontier, the airport and the port.
'Having Frontex at the Gibraltar frontier will be a point of conflict,' members of Spain's security forces have warned.
It is obvious that there are serious differences of opinion in the Spanish front over what should be installed at the land frontier which would be against Spanish interests. Right-wing Spanish sources, and now elements in the security forces, are diametrically opposed to other Spanish involved in the current negotiations who are taking a softer line on Gibraltar.
They see Spain as losing an opportunity to claim joint sovereignty, and demand that Spain's National Police and Guardia Civil should continue to exert controls at the land frontier as at present, as such access point is linked to Spanish territory.
22nd November 2021
Spainâs Minister for Foreign Affairs, Jose Manuel Albares, said the EUâs âaspirationâ remains to conclude a UK/EU treaty on Gibraltar by the end of the year.
Mr Albares was speaking on Friday during a session of the EU mixed committee in the Spanish Parliament and ahead of the next round of treaty negotiations.
A European Commission official told the Chronicle that negotiators from the UK â including Gibraltar â and the Commission are scheduled to meet in Brussels next week for the third round of talks.
There will be at least one more round of talks after that before Christmas.
âThe negotiating calendar proposed by the Commission aspires to conclude these negotiations before the end of the year, though this aspiration does not depend exclusively on the Commission,â Mr Albares told the parliamentary committee in Madrid.
Mr Albares gave scant details on the progress of the negotiations, other than to restate the oft-repeated mantra of an agreement that will benefit communities on both sides of the border.
âThe new agreement is also very focused on solving many practical issuesâŠand what we seek is to create an area of shared prosperity,â he said.
âThe mayors of the Campo area, including some from the PP, share this goal widely.â
âWhat we also want is for the agreement to benefit workers and companies in the area, and this goal is widely shared by those the mayors who represent the interests of the 270,000 Spaniards who live there.â
During the session, he was asked whether Spanish officers would carry out any immigration checks in Gibraltar as a result of any agreement between the UK and the EU.
The New Yearâs Eve political framework â which the UK, Gibraltar and Spain say must form the basis of any treaty - envisaged Gibraltar forming part of the Schengen area, with Spain as neighbouring country taking responsibility on behalf of the EU for Schengen immigration checks in Gibraltar, but Frontex officers carrying out the actual physical controls on the ground, at least for the first four years.
âThe framework agreement states clearly that the United Kingdom will not conduct Schengen controls and this solution has been included in the Commissionâs mandate, which clearly reaffirms what Spainâs role will be,â Mr Albares said.
âSpain - and this is reflected in many points of the mandate - will have control over the [Schengen] border controls, because, in the end, that is the goal.â
âThis control will not be carried out by the United Kingdom, rather it will be carried out by Spain.â
During his intervention, Mr Albares reiterated his governmentâs commitment to the prosperity of the Campo de Gibraltar and the â270,000 Spanish men and women who live thereâ.
âThis commitment is reflected in the state budget for 2022, which foresees an investment in the Campo of 143 million euros, double the budget for 2021,â he said.
âBut it is also reflected in the close attention we are giving to the negotiations between the United Kingdom and the European Commission in relation to Gibraltar.â
Mr Albaresâ upbeat messaging on the treaty came in the same week that the European Scrutiny Committee of the House of Commons published a letter from Wendy Morton, the UK Minister for the European Neighbourhood and the Americas, in which she revealed further details of key areas of concern with the EUâs negotiating mandate.
The letter, which was dated October 21 and was sent after the first round of talks but ahead of the second, highlighted concerns on residence permits, visas, asylum, law enforcement and the movement of goods.
Chief Minister Fabian Picardo, alongside Deputy Chief Minister Dr Joseph Garcia and Attorney General Michael Llamas, will appear before the European Scrutiny Committee on Wednesday
In the session, MPs will explore Gibraltarâs position on the EUâs negotiating objectives, plans for EU agency Frontex to police the border with Spain as well as preparations if no deal is reached.
Schengen Entry Will Boost Gibraltar Connectivity, Tourism Minister Vijay Daryanani Says
If the talks are successful, it is hoped that Gibraltar will become part of the Schengen area, with Spain taking responsibility for Schengen immigration checks. Frontex, the pan-EU border force, would carry out land checks on the ground.
Daryanani said Gibraltarâs planned entry into the Schengen Area would benefit communities on both sides of the border, enabling the territoryâs people to travel freely and provide an economic boost for the Campo de Gibraltar region on the Spanish mainland.
He said an agreement would make the territory more attractive for European carriers, allowing Gibraltar International (GIB) to expand its route network.
âIt is very important, not only for Gibraltar but also for the shared prosperity that might be created in the hinterland into Spain,â Daryanani told Routes. âEuropean airlines are very interested in Gibraltar because itâs a gateway to the regionâthere isnât another airport withing a 50-km radius.â
More at link.
by RYAN ASQUEZ
Concerns about Frontex were prominent during the session of the European Scrutiny Committee at the House of Commons. Conservative MP David Jones asked the Chief Minister whether it was contradictory to say that the framework agreed last year did not touch upon sovereignty, jurisdiction and control when Frontex officials would have to operate within Gibraltarâs territory and require Gibraltar to apply âa substantial bodyâ of EU law.
The Chief Minister did not agree with this assessment, citing the example of the agreement between the United Kingdom and France whereby French gendarmes at Kingâs Cross station in London can allow advanced clearance for those entering France through there. He explained that this did not compromise British sovereignty over the station: âit is to create an administrative permission set out in an international treaty where the UK permits a thing and is able in future to undo that permission in the exercise of its sovereigntyâ.
With regards to Gibraltar, arrivals at the Airport would have to be granted permission to enter Gibraltar â exclusively by the Gibraltar Borders and Coastguard Agency â and also permission to enter the Schengen Area by Frontex. âAnd if you have that permission you are then able to roam into Spain at will and from Spain into the rest of the European Unionâ, he continued. âIf we donât have these provisions in place itâs not that you can roam into Schengen and Spain without showing your passport...You will in fact have to show your passport to the Spanish Guardia Civil at the Frontier in order to enter Spain and Schengenâ.
The Chief Minister, Fabian Picardo, referred to the ability for a Gibraltar-only visa to be issued, following a treaty to allow fluidity of movement of persons from Gibraltar to the EU, at the border. In doing so he categorically stated that the Schengen Acquis provides for individual Schengen member states to limit their visas to the geographic area of the issuing member state. He referred to Article 25.
He also rejected suggestions that the presence of Frontex in Gibraltar undermined sovereignty, with a wrong comparison with the fact that French Gendarmes conducted passport checks on UK soil. French Gendarmes do not authorise entry into the U.K.. That is different, they do an advance check before entry into France and then Schengen is achieved physically at the moment one crosses onto French territory.
Further he suggested that an agreement with the EU over Gibraltar was possible before the end of the year, but not a treaty. That cannot be so in international relations and law. If there is agreement, there is a treaty. If there is no treaty, there is no agreement.
GIBRALTAR ONLY VISAS NEAR IMPOSSIBLE
A review of the Schengen Acquis shows that visas limited to just Gibraltar are not possible, save in very limited circumstances, namely, on humanitarian grounds, on grounds of national interest or because of international obligationâ and then only on specific notification to all Schengen countries, additionally under special rules dealing with asylum applications. Logic and logistics support the conclusion that geographically limited visas are not the rule, but very much the special exception.
Once someone is in the Schengen area there are no controls or checks to prevent a person, who has been allowed entry, from crossing into another Schengen country. That is precisely the core objective of the Acquis: a person, once in, is fully free to move within and throughout that multi-national area, no checks or controls exist at any internal borders.
ATTORNEY GENERAL CLARIFICATION
It is perhaps the moment for our EU law expert, H.M. Attorney General, Michael Llamas, to bat.
He should show, with direct reference to relevant provisions, that Mr. Picardoâs evidence yesterday, to the European Scrutiny Committee of the UK House of Commons, on Gibraltar-only visas, was correct and accurate, and not mistaken.
His silence before that Committee, whilst Mr. Picardo gave that evidence, indicates that he agreed with it. If there is any inaccuracy it is Mr. Llamasâ responsibility and obligation to correct it.
One imagines that the Committee will make the necessary inquiries before finalising its report. We should not wait to be corrected then, if there is any mistake.
Additionally, if there is a misunderstanding on such a fundamental point, it goes to the core of what is being negotiated, so perhaps Mr. Llamas could explain how we could have an agreement before the end of the year, but no treaty.
AGREEMENT BUT NOT TREATY?
Continued at link.
Instituto Cervantes to play important part in making Gibraltar Spanish
Under the headline that Gibraltar has started to be Spanish (Gibraltar empieza a ser espa?ol), a report that quotes Spanish government sources says that the opening of an Instituto Cervantes in Gibraltar is part of a Spanish plan to take over the Rock.
For this delicate mission the Spanish Government has not elected a university professor or academic to head the institute, says the report, but a diplomat. And not just anyone, but the Spanish diplomat they reckon knows most about the 300-year old Anglo-Spanish dispute and who in the 1980s was responsible for Gibraltar affairs in the Spanish Foreign Ministry in Madrid.
The principal role of Agustin Gervas will be the new courses of Spanish and other activities of the institute, "but it will not end there," says the report in the well-known Spanish news weekly El Tiempo.
Technical experts from the European Commission visited the Spanish side of the border on Tuesday afternoon alongside Spanish officials, the first part of a two-day fact-finding trip to learn about the âuniqueâ nature of the frontier between Gibraltar and Spain.
This morning, the technical team will visit the Gibraltar side of the border, including the port and airport, alongside officials from the Gibraltar and UK governments.
Few details of the visit have been released and, given the team is made up of civil servants, there are no press briefings planned as part of the itinerary.
The Commission delegation includes experts on customs and home affairs, as well as representatives of the Secretariat-General, a European Commission official told the Chronicle earlier this week.
âIt is a technical fact-finding visit that should allow experts to get a better understanding of the region,â the official said.
The visit is taking place ahead of the fifth round of talks in the ongoing negotiation for a UK-EU treaty on the Rockâs future relations with the bloc.
The next round of talks is expected to take place in Brussels during the week of January 28, though the date has yet to be confirmed and arrangements could change given the disruption of Covid-19.
Earlier this week, the Gibraltar Government said the visit would help the Commission negotiators have a clearer idea of how arrangements under negotiation might work in practice.
âIt is hoped that experiencing the area at first hand will provide a better understanding of its unique nature to all concerned,â a spokesman for No.6 Convent Place said.
The negotiators hope to reach an agreement allowing a common travel area between Gibraltar and the Schengen zone.
Spain, as neighbouring country, would take responsibility on behalf of the EU for Schengen immigration checks in Gibraltar, but Frontex officers would carry out the actual physical controls on the ground, at least for the first four years.
There is also the possibility of a bespoke arrangement on customs.
The negotiations to date have been conducted out of the public eye, with few details released as to the nature and content of the discussions or the main areas of disagreement.
But after the fourth round, all sides in the process indicated positive progress and a shared willingness to agree a treaty within the first quarter of the year.
Spainâs Minister for Foreign Affairs, Jose Manuel Albares, said on Friday that âa good partâ of the UK-EU negotiation on a treaty for Gibraltar has already been agreed, even while acknowledging there remained âloose endsâ to resolve.
Speaking during a breakfast briefing in Madrid organised by Europa Press news agency, Mr Albares expressed optimism about the progress of negotiations that seek to establish a new framework for Gibraltarâs relations with Spain and the wider EU.
"A good part is already agreed, but obviously I can't say here what has been agreed and what hasn't,â he told the briefing, which was attended by over 30 ambassadors from the EU and around the world, as well as a senior official from the European Commission.
Mr Albares was pressed to offer some detail on the areas that remained to be agreed but he declined to shed any light on the talks.
"I start from the premise that nothing is agreed until everything is agreed,â he said.
"There are things that we could already start drafting [into a legal text]."
"There are some loose ends, we are going to try to overcome them."
Mr Albares was speaking a day after a team from the European Commission visiting Gibraltar and the Campo de Gibraltar to see the border, port and airport and get a better understanding on the ground of the peculiarities of the Rockâs border with Spain.
He was speaking too ahead of the fifth round of talks which is scheduled to take place in Brussels in the week starting January 28, although the date has yet to be formally confirmed.
Asked for a reaction to the Spanish minister's comments, Chief Minister Fabian Picardo told the Chronicle: "We have done a lot of work already, but we need to finalise agreement in key areas."
"As Foreign Minister Albares said, nothing is agreed until everything is agreed."
"The New Year's Eve framework remains our lodestar for a UK-EU agreement and we remain committed to delivering increased mobility and shared prosperity via that route."
"The next ten weeks will see intense and determinative moments."
In Madrid on Friday morning, Mr Albares acknowledged the delay in reaching an agreement but said the process had been slowed by the combined effects of the complexity of the negotiation, coupled to the disruption caused by Covid-19.
"We've seen that everything touched by Brexit always involves very difficult agreements, agreements that always take longer to reach than anticipated," he said.
"Unfortunately, the Covid-19 crisis doesn't help because it hasn't allowed for the contacts between negotiating teams to be as fluid as they would have been without it."
"But the negotiations are moving ahead at a good rhythm."
"Everything is going well," he said, adding that UK Foreign Secretary Liz Truss had echoed that sentiment during a visit to Madrid last December.
"She also expressed a commitment to reach an agreement by Easter week, for the end of March."
Asked if the agreement would be "reasonable for Spain", he replied: "Of course."
"What we are aiming for is an area of common prosperity for the Campo de Gibraltar," he told guests at the briefing.
"What genuinely guides me in this negotiation are the 270,000 Spaniards in the Campo de Gibraltar."
"I've met the mayors of the zone and I've heard what they need and what they want."
The negotiators hope to reach an agreement allowing a common travel area between Gibraltar and the Schengen zone.
Spain, as neighbouring country, would take responsibility on behalf of the EU for Schengen immigration checks in Gibraltar, but Frontex officers would carry out the actual physical controls on the ground, at least for the first four years.
There is also the possibility of a bespoke arrangement on customs.