We see how you goad your animals into retaliation, Spain. Navy's smallest ship sees off Spanish warship in Gibraltar’s waters
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Not sure if this is the same incident, because the Sun article linked has an earlier date. If it is, then this may be additional information -
Tiny Royal Navy boat fends off Spanish warship approaching British waters near Gibraltar
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2nd February 2022
In planning for the possibility that talks on a UK-EU treaty for the Rock could fail, the Gibraltar Government, in close partnership with the UK, is leaving nothing to chance.
For months now, ministers and government officials have been assessing in minute detail all the ramifications of Gibraltar leaving the EU without a bespoke deal to reflect the Rock’s unique relationship with its nearest neighbour and the wider EU beyond.
This is painstaking, meticulous work covering a range of areas from border management and the impact of queues on road congestion, to the supply of critical services such as basic utilities and healthcare, and the need review and replace legislation after decades working within an EU framework.
Much of this work began in the days after the EU referendum in 2016 and many of the key, most critically important areas have already been addressed. Some of it has already been put to the test as a result of the Covid-19 pandemic.
But this is also work in progress, conducted in parallel to the treaty negotiations.
As negotiators from the UK, with Gibraltar, and the EU reconvened in Brussels yesterday for the fifth round of talks, the hope in Gibraltar is that years of extensive planning – first for a ‘no deal’ Brexit, now for “no-negotiated outcome” [NNO] – stay precisely as that: a plan that does not need to be put into action.
Dr Joseph Garcia, the Deputy Chief Minister and the person tasked with overseeing Gibraltar’s NNO planning, said that even in the absolute worst-case scenario, Gibraltar is not facing complete isolation as occurred when the border was shut.
"This is a different situation,” he told the Chronicle in an interview.
“There would still be contact with the other side."
"And one thing we've established throughout this process is that it's also very much in the interest of the other side to find a working relationship with Gibraltar going forward, because we are mutually dependent in some areas."
"It simply means you would need to change the patterns that you've been used to.”
For the EU, Gibraltar would become a third country.
"It means it's more cumbersome, more bureaucratic, more time consuming, more expensive,” Dr Garcia added.
"But that is sadly the alternative world of no negotiated outcome."
"We are totally committed to securing an agreement with the European Union based on the New Year's Eve agreement we concluded with Spain, and we very much hope that's possible."
"Because the alternative world...is really not very attractive."
WORST CASE SCENARIO
The Government has shared its planning with Opposition politicians and industry representative bodies and is pretty clear as to what it means.
As always, the fulcrum is the border.
Dr Garcia said the "reasonable worst-case scenario" is defined as follows: "We define a hard border as one that would be characterised by systematic, severe delays for pedestrians and for vehicles of two hours or more, and delays of six hours or more for commercial vehicles."
In that respect, planners have the benefit of past experience to guide them. Back in 2014, when the Partido Popular was in government in Spain and the hawkish Jose Manuel Garcia-Margallo was Foreign Minister, Gibraltar faced months of lengthy queues at the border that at times lasted hours and caused chaotic congestion on Gibraltar’s roads.
"In terms of our planning, that almost served as a dress rehearsal without the knowledge at the time that we were actually going to leave the European Union,” Dr Garcia said.
The difference between now and then, however, is that while Gibraltar was in the EU, people could reasonably expect any delays at the border to ultimately be resolved, as indeed was the case.
"At the moment, if we're in a hard border situation, that is the situation we'd be in and it would continue indefinitely unless there were to be a future agreement at some point in time,” Dr Garcia said.
A hard border would mean traffic congestion not just at the border but inside Gibraltar, and a potential impact on the ability of essential services to respond to emergencies, in particular the Royal Gibraltar Police whose job it is to police traffic and whose resources would be stretched.
"The key important thing is to ensure that the emergency services still maintain resilience to be able to respond to any major incident while at the same time dealing with traffic management and so on," said Ivor Lopez, Gibraltar’s Civil Contingencies Coordinator.
REMODELLING THE BORDER
There are plans to remodel the border to accommodate the impact of lengthy queues arising from closer immigration checks in the absence of a treaty.
Options are being explored to expand the pedestrian entry point at the border to accommodate up to 12 automated border control gates for use in the event of a no deal outcome.
Even if there is an agreement, the gates will be installed to ensure border controls can be implemented swiftly at any stage should the need arise, including if any treaty is not renewed by either side after the initial four-year period or if there are timely security concerns that require checks to be reinstated.
How the gates will be operated remains to be seen, a policy decision dependent on the outcome of treaty talks and the position adopted by Spain and the EU on their side of the border.
"Our view has always been reciprocity at the border," Dr Garcia said.
"Obviously none of us want to be in this position, we want to have a fluid border and open border so that people are able to move freely from one side to the other."
"But in the event that we cannot, we have to make preparations for the alternative."
The planning includes the possibility of using parts of the Ministry of Defence estate at the northern end of the Rock as holding areas for both pedestrians and vehicles.
FRONTIER WORKFORCE
The final plans for remodelling the border will depend on the outcome of the negotiations, but in the event of no-negotiated outcome, officials here are clear that there will be a significant impact on the cross-border workforce.
"It's not that people will not be able to cross the border, but they won't be able to cross with the fluidity that they have today," Dr Garcia said.
"There will be new procedures in terms of passport stamping, new procedures in terms of guards being able to interrogate people who are crossing in and out of the Schengen area as to the purpose of their visit, the money they are carrying to be able to sustain themselves, their accommodation."
"Those extra controls which are in line with what's happening in every other Schengen external border would also be applied here."
"People would be able to cross, but it would be more cumbersome and time consuming to do that."
One of the messages to the private sector during NNO briefings is to plan where possible to alter shift patterns to ease pressure at peak hours, particularly early morning and late evenings on weekdays, when thousands of frontier workers cross in both directions during a very short window of time.
Staggering shifts could help ease that pressure, as could home working for some sectors as was seen during the Covid-19 pandemic.
But beyond such small yet significant practical measures, ensuring Gibraltar can continue to rely on its cross-border workforce in the event of there being no negotiated outcome to the treaty talks is tricky.
When it comes to the frontier workforce, "this is a hard one," Dr Garcia concedes.
"Firstly, because we don't have the space in which to house 15,000 frontier workers, and secondly because 15,000 frontier workers may not want to be housed in Gibraltar either," he said.
"The reality is that many people have families [in Spain] and wouldn't want to come to live here even if they could."
The Government, much as it did during the Covid-19 pandemic, identified facilities to house critical workers, for example those in healthcare, should it become necessary.
This involves a combination of temporary accommodation in sites such as the Retreat Centre and, in a worst-case scenario, the university's accommodation block. There are also plans drafted for a hotel assistance scheme, where critical workers could be housed in hotels should the need arise.
But increased checks at the border would have a serious impact on this community that is not lost on those tasked with planning for these eventualities that everyone hopes to avoid.
"If this were to be sustained, the likely consequence of that would be that we may have staff retention issues if people are just not willing to be stuck in the border for many hours just to go to work," Mr Lopez said.
"Likewise people living in Gibraltar would probably be less likely to go into Spain as frequently as people are accustomed."
There would likely be fewer vehicles coming in, with a potentially damaging impact on day-tripper tourism numbers and associated employment.
CRITICAL SERVICES
Gibraltar has long operated as an island economy in many critical areas and this has served it well in planning for the impact of leaving the EU without a purpose-built framework.
Power generation, for one. The new power plant means that shipments of fuel - liquefied natural gas – now arrive by sea instead of overland.
That has eliminated one of the major concerns for NNO planners, namely guaranteeing the supply of fuel needed to generate electrical power.
In terms of the supply of potable water, the only issue for AquaGib was stocking reagents and additives. This has been addressed by expanding the stock held in Gibraltar at any one time to ensure up to six months' supply.
There are few concerns of any impact on telecommunication lines running across the border to Spain and beyond. Gibraltar in any event enjoys additional resilience thanks to the Europe India Gateway undersea communications cable, which does not cross the border.
In terms of general fuel supply, there is now additional storage capacity on the Rock, with some suppliers also maintaining stocks in other regional ports such as Tangier Med.
Likewise new tanks constructed as part of the tunnel project can store up to 22 days of aviation fuel, compared to five days' capacity as in the past.
Plans to bolster resilience in terms of petrol supply are still being finalised, with options ranging from using temporary storage - problematic, because of the need to ensure safety distances - to importing stock from Morocco all under discussion.
But just in case, there is planning under way too in the event that a dire shortage of petrol requires drastic measures such as rationing.
"Part of our plan is that in the event of an absolute shortage of petrol, we might then have to ration fuel and the petrol station in Line Wall Road would be designated as the one to be used by the essential services only," Dr Garcia said.
"This is for an absolute worst-case scenario, but that's no deal planning, it's very depressing, very gloomy.”
PERISHABLE GOODS
One of the key areas of friction for life outside the EU is the movement of goods, in particular perishable foodstuffs of animal or plant origin.
But Gibraltar is, in practical terms, already in a no deal situation in this context because perishable goods shipped overland through the EU from the UK to the Rock – a movement between third countries for EU purposes - require checks at an EU border inspection post prior to being allowed through to Gibraltar.
This was the position as soon as the Brexit transition period ended in January last year, with arrangements already in place to address that challenge.
The practical problem was that the nearest border inspection post is in the port of Algeciras. Goods transhipped overland from the UK must be checked there and then shipped to Gibraltar by sea for the last leg.
The Government, working with the private sector, worked to establish a ferry link to the Spanish port, investing in a new roll on-roll off ramp in the Port of Gibraltar, co-funded by the UK, to accommodate larger ferry vessels.
Despite some teething problems initially - largely the result of delays in Dover and Calais, not at Algeciras - the new route is now working smoothly and while the ferry was supported at first by the Gibraltar Government, it now operates entirely on a commercial basis paid by the companies who use it.
Whether the link will be needed in the event of a treaty depends on the nature of the agreement reached.
"It really does depend on the formula that emerges," Dr Garcia said.
"There are different options being looked at and some of those options will eliminate this requirement."
But the key takeaway message is that the companies importing goods from the UK already have an alternative in place.
Additional work is under way to improve infrastructure at the port’s container terminal, including resurfacing it and installing enough sockets to be able to hold up to 60 refrigerated containers. Prior to the EU referendum, the terminal could handle only five such refrigerated containers at any time.
The improvements, which should be finished by the end of March, will be able to accommodate any increase in the shipment of goods to Gibraltar by sea.
Already volumes have increased. The fortnightly maritime feeder service that links the UK to Gibraltar used to ship around five or six containers per trip. That figure is now closer to 30 containers at a time.
WASTE EXPORTS
The framework for exporting waste has also changed.
This used to be done under the EU legal system but this has now been replaced with a non-EU framework set out in international conventions, which are less flexible but work in practice.
That is how Gibraltar is currently operating with its waste management and this would continue in a no deal scenario.
Additionally, the UK has funded equipment to ensure there is a contingency plan in the event of problems with these alternative arrangements.
Gibraltar now has in place machinery to shred waste, compact it and package it into bales that can be stored inside the Rock's tunnels to be shipped by sea to other countries, should the need arise.
"The storage capacity was increased from a few days to something like eight weeks," Dr Garcia said, adding the equipment has not been needed to this date.
The pile-up in waste at present is down to the need to renew international permits on a regular basis and should be resolved shortly without the need to resort to the equipment.
HEALTH AND SOCIAL CARE
The Government envisages no problems with shipments of pharmaceuticals, stressing that Gibraltar has additional resilience thanks to its air and sea links which offer alternative shipping routes should these become necessary.
The GHA also continues to stockpile material. It has, in fact been doing this since just after the EU referendum in 2016, albeit some of those stocks were used during the Covid-19 pandemic.
In terms of access to healthcare, bridging measures between Spain and Gibraltar mean patients can continue receiving care, for now at least, in state-run hospitals and clinics on either side of the border.
The Government has also entered into a number of commercial contracts between the GHA and private medical contractors in Spain to ensure continuity of service in the event that state-run alternatives cease to be available in future.
Likewise the Government has ring-fenced the provision of unlimited access to healthcare in the UK through an agreement with the UK Government, much as has happened with further education and continued access to the UK market for financial services providers.
These arrangements, however, do not cover healthcare in other EU countries, with the Government advising individuals to take out private travel healthcare policies where necessary.
COMMUNICATION
Communication is a key element of the Government’s NNO planning, with numerous technical notices issued over recent years advising on changes to everything from passports and ID cards to driving licences.
People should expect to see those communications ramped up in the coming weeks as the Government seeks to increase awareness of the changes on the horizon in the event that a treaty cannot be agreed.
But even when it comes to setting out the detail of its planning, the Government faces a challenge.
"It's a fine line between generating panic and supplying information in a considered and sensible way, which is what I hope we've been doing,” Dr Garcia said.
The message is that Gibraltar and the UK remain committed to securing a deal that will benefit both this community and communities in the neighbouring Campo region.
But at the same time, the planning for a non-negotiated outcome must continue, much as it has done throughout the tortuous Brexit process and the multiple deadlines and cliff hangers this community has faced since the vote in June 2016.
"With every deadline, we've been more prepared," Dr Garcia said.
"But as we always say, we're prepared in the areas where you can prepare."
"There are some areas where quite simply we will not be able to prepare and if there's no agreement, the new situation will simply reflect what it means to be outside the European Union."
"There's nothing we can do about that."
"It will mean greater bureaucracy, everything will be slower, procedures will be more expensive, and that will be what we will have to deal with in an NNO situation."
"There are some things that you cannot mitigate."
Negotiations for a UK-EU treaty on the Rock’s future relationship with the bloc are “99% there”, Spain’s Foreign Minister Jose Manuel Albares said on Friday.
Speaking at a private event organised by the PSOE during his first visit to Cadiz province, Mr Albares also signalled that Spain would have “no shortage of generosity” to resolve practical issues that remain, although he did not offer any detail on remaining stumbling blocks.
Mr Albares was speaking amid speculation as to whether negotiators would be able to reach an agreement by March, the date that all sides are aiming for.
Negotiators have completed five rounds of talks, with at least one more session scheduled before Easter.
“There is a will to do everything possible to reach agreement by around Easter week,” Mr Albares said, in comments set out in a statement issued by the PSOE.
“I’m guided by the 270,000 Spaniards who live in the Campo de Gibraltar and the objective is to create an area of shared prosperity.”
Mr Albares played down speculation that the talks had stalled, adding: “We have just finished a round of negotiations and we are committed to doing everything possible to reach a definitive agreement by Easter week.”
“Nerves increase as we approach the end of a negotiation that is 99% there, but as far as the government of Pedro Sanchez is concerned, there will be no shortage of generosity to address any practical or everyday aspects.”
“And I perceive that goodwill on the other side too,”
Mr Albares’ comments come just days after a senior European Commission official told the European Parliament that negotiators were still “far” from reaching agreement.
Stefan Fuehring, the Head of Unit at the Commission for the EU-UK Trade and Cooperation Agreement, was responding to questions from a Partido Popular MEP.
“We’re still negotiating,” Mr Fuehring said.
“In general it’s quite constructive negotiations.”
“There is a genuine interest to find a solution.”
“But it is also very complicated.”
“Let’s remember that in Gibraltar, contrary to what happens in Northern Ireland, we’re not just talking about goods but also controls of people.”
“That’s a problem we didn’t have in Northern Ireland, but we have with Gibraltar.”
“As such, the negotiations are very complex and we are far from being able to say that we’ve achieved the goal.”
The Spanish minister’s comments come too as the Gibraltar Government published a new booklet urging people to prepare for the possibility of a non-negotiated outcome to the talks.
In the document, the Government set out the impact of Gibraltar leaving the EU without a bespoke framework in place and warned that border fluidity would be severely adversely impacted.
But in a joint foreword to the booklet, Chief Minister Fabian Picardo and Deputy Chief Minister Dr Joseph Garcia also underscored Gibraltar’s desire to secure an agreement acceptable to all sides.
“The Government remains committed to the framework agreement concluded together with the United Kingdom and Spain as the way forward,” they wrote.
“However, since the UK or Gibraltar would never accept an agreement which would sacrifice fundamentals or put Gibraltar’s future prosperity in jeopardy, we must also be ready to walk away.”
“Therefore we must plan for an agreement and for no agreement at the same time.”
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.
If there is ‘no deal’ between the EU and the UK over Gibraltar, the Government must carefully consider the adverse effects on Gibraltar of blindly sticking to the principle of ‘reciprocity’, by applying overly strict entry and exit controls at the border. That must be so despite that ‘reciprocity’ is a commonly accepted principle in international relations.
The last thing we should want is ‘to cut our nose to spite our face’. Our Government must act wisely to ensure that any measures it takes do not cause us avoidable harm. It is that wisdom that must be driving the desire to keep talking to reach a ‘deal’, and our side of the equation should not be sacrificed, if there is ‘no deal’.
It must, or should, take decisions on the grounds of what is best, not necessarily by a pointless application of the principle of ‘reciprocity’. Prejudices must be put aside to ensure that measures taken here are those that best suit our own interests. We must be selfish. We should do all that is in our power to facilitate cross-border access to all.
THE ‘NO DEAL’ SCENE
There is no better summary of what will happen if there is ‘no deal’ than that provided by the Chief Minister and the Deputy Chief Minister in the booklet “Guidance to Citizens”, recently published by the GSLP-Liberal Government (Booklet).
Any ‘deal’ would be contained in a treaty to be entered between the EU and the UK over Gibraltar (treaty). They say,” Until this treaty is negotiated and until it enters into force Gibraltar will be treated as a third-country with respect to the EU for all intents and purposes.”
That has not fully happened yet because, as they go on to say, “the full effect of this is currently tempered by a number of time-limited bridging measures which govern Gibraltar’s relationship with Spain in specific areas.”
Time limits on those are soon coming up. The hope is that they will be extended whilst any talks aimed at leading to the treaty continue.
FRONTIER WORKER BORDER CONTROLS
We are told in the Booklet, “that if ‘reciprocity’ is applied, the Government would insist that all frontier workers fulfil the same conditions as those which are imposed under EU law on residents of Gibraltar crossing into the Schengen area at the border with Spain.”
Surely, it is us who need and benefit from those workers? The wisdom of making life difficult for frontier workers, who are needed here, is questionable, therefore. We would be self-harming without the possibility of any gain, as the likelihood of the EU changing a position at the border, which it is obliged by its laws to impose, is impractical and inconceivable.
Irrespective of whatever regime must be imposed at the border under EU law, surely, Gibraltar should want to facilitate that which is in its own best interests, by not imposing added hurdles in the way of frontier workers.
It is, surely, insufficient that the Government should be advising that “Frontier workers who live in Spain and work in Gibraltar are encouraged to discuss any anticipated difficulties with employers in advance so that the effect of any delays can be mitigated to the maximum extent possible. This could involve structuring shift patterns in order to avoid peak crossing times.”
The Government should surely be taking measures to ease, as much as possible, any burden that ‘no deal’ would bring on these workers. In that way it would be benefitting Gibraltar and its economy.
VISITOR BORDER CONTROLS
The same self-harm would come about if those same border controls were to be imposed by Gibraltar on any visitor, tourist, coming into or leaving Gibraltar. Surely, we would want to make that passage as easy as possible to encourage as many people as possible to come to Gibraltar.
In that way we would be supporting our economy hugely, and in turn our much-needed public finances.
Our elected governments should be, and undoubtedly must be, motivated to govern in a manner which facilitates as much business as possible for our taxis, our shops, our restaurants, and all other businesses for the wider benefit of our economy and in turn our public finances.
A ’DEAL’ IS BEST
Undoubtedly a ‘deal’ is the best way forward. But ‘no deal’ must be dealt with intelligently and keeping constantly in mind what is best for Gibraltar, and not acting emotionally on a ‘tit-for-tat’ basis.
It is undoubtedly reassuring that the Government remains committed to the talks that will hopefully lead to the treaty. There is little doubt that a favourable outcome in those negotiations is what would benefit most people, both in Gibraltar and in the Campo de Gibraltar.
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22nd March 2022
Chief Minister Fabian Picardo discussed Brexit and Russian sanctions with Foreign Secretary Liz Truss in London on Tuesday, expressing optimism ahead of the next round of treaty negotiations due to start on March 28.
The meeting came after Spain’s state secretary for EU affairs, Pascual Ignacio Navarro Ríos, told a committee in the Spanish Parliament that Madrid expected “significant progress” when negotiators reconvene at the end of the month.
Mr Picardo said the meeting with the Foreign Secretary was important in order to maintain momentum for a UK/EU treaty on Gibraltar’s relations with the bloc, which all sides hope will be agreed “ahead of the Easter break if possible.”
“It was great to be able to talk face to face with the Foreign Secretary ahead of meetings to be held in coming weeks as we hope that the ongoing negotiations will come to a successful conclusion,” Mr Picardo said.
“We are working hard to deliver a safe and secure UK/EU treaty for Gibraltar and the region around us which delivers unimpeded frontier fluidity leading to enhanced and shared prosperity for us and the people of the whole area of the bay.”
“We must be conscious, however, that, even post the worst of the COVID pandemic, we are now carrying out these negotiations with the backdrop of a bloody and atrocious war being waged by Russia in Europe.”
“Ministerial bandwidth is, therefore, obviously impacted, and the fact I was able to secure time with Ms Truss today is a demonstration of the commitment to Gibraltar that she and the UK Government have continually shown during the course of this negotiation on which we are working very closely together as one British team.”
“We, prudently, also continued to discuss options for the eventuality of a ‘no-negotiated outcome’, although I remain strongly optimistic that we will be able to finalise negotiations with a treaty that is safe and secure for Gibraltar on matters of our inviolable British sovereignty, jurisdiction and control.”
On Twitter, Ms Truss echoed the Chief Minister’s position and said the UK and Gibraltar were working with the EU “to secure prosperity of Gibraltar and the region.”
And she added: “We will not compromise on sovereignty.”
In the Spanish Parliament on Monday, Mr Navarro Ríos also sent a positive message on progress, even while reflecting on the complexity of the negotiations and the impact of international events on the talks.
“The negotiations are unfolding with normality and a constructive spirit,” he added, declining to offer any detailed insight into the nature of the discussions.
“And I hope they will allow us to move toward an agreement in the near future.”
“It’s true that the negotiations over Northern Ireland, Covid-19 and the crisis in Ukraine have impacted European diaries and, as a result, those of the negotiators too, meaning we have advanced slower than anticipated in this negotiation.”
“But we hope that, despite its technical difficulty, it can be concluded soon.”
Mr Navarro Ríos said negotiators were working on a “complicated, specific” treaty, adding: “There aren’t many examples in Europe of this type of agreement.”
“It’s not that the Northern Ireland issue has impacted directly on the discussion, it’s that it has eaten into available time,” he said.
“The European Union negotiators are the same ones [in both negotiations], it’s eaten into their time, so things have moved forward slower than expected.”
“We’re confident that there will be significant progress in the next round, which will take place on March 28.”
He added any agreement would have to be “balanced and satisfactory” to Spain.
During their meeting in London on Tuesday, Mr Picardo and Ms Truss discussed ongoing preparations for a non-negotiated outcome to the treaty talks.
But Mr Picardo said that eventuality was “unlikely”, adding the Gibraltar Government continues to be “strongly optimistic” that a treaty will be finalised.
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.
18th April 2022
By Brian Reyes and Maria Jesus Corrales
There was confusion at the border on Monday as Spanish police officers began to apply a stricter interpretation of the Schengen Border Code for third country nationals, including British passport holders without a Gibraltar red ID card.
The measures appeared to be applied primarily to pedestrians and not everyone was impacted, with some third-country nationals crossing without a hitch.
But there were reports on social media too that some people hoping to cross into Spain for a day trip had been turned back, even those who held blue Gibraltar ID cards alongside their British passports.
Schengen rules require third country nationals – meaning anyone with a non-EU passport, including those from countries like the UK which do not require a visa for entry – to justify their reason for travel and provide documentary proof of where they will stay, proof of their date of return and evidence that they can fund their time in the Schengen area.
The UK Government applies similar rules for non-resident EU nationals entering the UK.
While the requirements apply to all third country nationals, not everyone crossing a Schengen border will necessarily be checked as immigration guards can apply checks randomly.
The change at the border on Monday appeared to reflect a stricter interpretation of the rules than has previously been the case.
The reason for that change in stance, however, was not clear, although it comes against the backdrop of ongoing talks for a UK/EU treaty on the Rock’s future relationship with the bloc.
Negotiators had hoped to seal an agreement by Easter but that target has lapsed and the talks are set to continue in the coming days.
Contacted by the Chronicle, a spokesman for Spain’s Ministry for Foreign Affairs declined to comment.
The Chronicle also contacted Spain’s Ministry of the Interior, which is responsible for immigration controls, for clarification but we have yet to receive a reply.
A spokesperson for No.6 Convent Place said the Gibraltar Government was aware of the reports.
“The Chief Minister is vigorously pursuing this unannounced change in posture with the Spanish authorities,” the spokesperson told the Chronicle.
The Schengen Border Code is being strictly applied to non Europeans and non Spanish and Gibraltar residents.
The Chief Minister has told GBC that in the event of no treaty, the full application of the Schengen Border Code will be the default position for everyone who is not an EU national, including Gibraltarians.
Over the weekend, those not in possession of a red ID card were not being allowed to cross the frontier without a valid reason. The Chief Minister took to Twitter on Sunday to say he would be raising the matter with both Spain and the UK. However, there have been further reports today of British nationals being turned back as they attempted to cross into Spain.
Third country nationals need to justify their reason for travel and show their date of departure.
In answers to questions from GBC, Fabian Picardo says the fluid movement of persons across the border between Gibraltar and Spain remains a key part of the envisaged agreement for the future relationship of Gibraltar with the European Union.
He says until that agreement has been concluded, Spain is bound to apply the EU Schengen Border Code, which provides for a greater intensity of controls at the border on what the EU terms Third Country Nationals. The Code obliges border guards to check and stamp passports and also to question border crossers on matters like the purpose of their visit to the Schengen area and to request proof of their means of subsistence.
Gibraltarian residents of Gibraltar who hold red identity cards have been temporarily exempted by Spain from this requirement pending the negotiation of a new treaty. However, in the event of no treaty the full application of the Schengen Border Code would be the default position for everyone who is not an EU National, including Gibraltarians.
The Chief Minister says the Government has already raised the issues which arose in some instances this weekend, but sadly this must be seen against the wider context of the legal reality which exists for British Citizens as a result of Brexit.
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POTENTIAL problems for visitors trying to cross Gibraltar border have been reported as it appears that the Spanish authorities are tightening Schengen border rules.
In theory, anyone who doesn’t have Spanish residency or an EU passport who wants to go into Spain from the Rock may be stopped and asked for reasons for travel, proof of accommodation and physical evidence of funds to support them
This is not peculiar to Spain but is true for every Schengen member state although until recently this has been very much ignored and special dispensation was made for Gibraltar residents who were able to travel backwards and forwards without greater hindrance than the usual rush hour queue.
Things change quickly and it could be a decision that has been implemented in order to influence the outcome of the negotiations of Gibraltar’s Schengen deal or because the Spanish are irritated with the arrival of the US submarine in particular.
At the time of writing, it is mainly those travelling by foot who are being stopped but this should be taken as a warning to those British passport holders flying into Gibraltar and then walking across the border to catch taxis or rent a car that they could well be stopped and also have their baggage searched.
The National Police control immigration whilst the Guardia Civil act as customs officers so once people get through one area of delay, they could immediately face a second.
There is a further problem which only affects residents of Gibraltar who have British passports but a blue Gibraltar residency card (rather than red which effectively denotes birth on the Rock) as some have been refused entry to Spain and the Chief Minister is trying to rectify that problem.
Border problems come and go on a regular basis but on February 11, 2022, Spanish Foreign Minister José Manuel Albares said “When we approach the end of the negotiation, which is already almost 99 per cent, more nerves enter, but for us, for the government of Pedro Sánchez, generosity will not be lacking in any practical or daily aspect”.
Perhaps those being less than generous on a daily basis now have forgotten his words.
US general stationed in Portugal blocked by Schengen controls in Gibraltar
Brigadier General Marcus Bryant Annibale, Chief of Staff of NATO's Naval Strike and Support Forces (STRIKFORNATO) in Oeiras, Portugal, was stuck in Gibraltar last Easter, as he lacked specific authorisation and did not meet the requirements of Schengen controls to cross the frontier into Spain.
Although the case of General Annibale is, so far, the most striking due to the high rank of its protagonist and the fact that he comes from Portugal, it is not the only one, but rather one more of the numerous movements of US military personnel stationed in the peninsular bases (above all Morón and Rota), who try to cross the Gibraltar border without complying with the European Union's border regulations or having any express authorisation from the Spanish state.
As is known, the application of Schengen controls at the Gibraltar border is affecting, for the time being and pending a conclusion to the negotiations, only those persons who cannot show identification as Gibraltarian citizens and who are therefore third-country nationals and must comply with the necessary requirements.
THE "STEROID" GENERAL ANNIBALE
The most notorious case so far, though by no means the only one, involved the Chief of Staff of NATO's Naval Support and Strike Forces in Oeiras (Portugal), General "Steroid" Annibale (see his professional biography here). The general tried, but failed, to force his way through the Gibraltar frontier, despite having been warned by the Spanish police that he did not meet the requirements.
The presence of this American general in Gibraltar coincided with the US nuclear submarine USS Georgia, which has been docked at the harbour of the Gibraltar Naval Base since 13 April, the same day that the American soldier crossed the fence.
The general entered Gibraltar in a Portuguese-registered car from Spain on Holy Wednesday. Even then, the Spanish agents stationed at the border warned him that he could not return through the same crossing point for pedestrians and vehicles, as he did not comply with Schengen rules and did not have any specific authorisation.
Nevertheless, on Good Friday, the general presented himself on his return to Spain through the same crossing point, being prevented from entering as he had been warned and generating a tense situation.
UNEXPLAINED MOVEMENTS
The Spanish authorities have been detecting, for some time now, an unusual movement of US military personnel attempting to enter and leave Gibraltar through the fence without explanation and without complying with the requirements applied by the European Union in the Schengen area.
There is not any record that the US Embassy has at any time informed the Spanish Administration of the need for such movements so that these military personnel can enjoy specific authorisation without generating unnecessary tension at the Gibraltar border.
22nd April 2022
UK raises border refusals with Spain
Negotiating a treaty for Gibraltar’s future relations with the EU is “like playing chess in four dimensions”, the Governor, Vice Admiral Sir David Steel, said as he reflected on the “immense complexity” of the talks.
Speaking on GBC’s Viewpoint, Sir David said the range of issues that fell within the scope of the negotiations had left him “staggered”.
But he expressed confidence too that the talks, which will continue in the coming weeks and into May, would end in agreement.
“I take my hat off to all those who are negotiating pretty much 24 hours a day on the huge range of issues that we have to address,” he said.
“I didn’t even realise how broad that range was.”
“The complexity is absolutely immense.”
Negotiators had hoped to secure agreement by Easter but that target slipped against the backdrop of the Ukraine crisis, which required close attention from governments and the European Commission alike as the west coordinated its response to Rusian aggression.
“It’s absolutely no surprise to me at all that the negotiations are taking a little bit longer than we anticipated when that very noble target of Easter was set,” Sir David said.
“All I can say is that very much the negotiations continue at pace and in great depth on each of the different angles that we have to deal with.”
He praised the Gibraltar Government’s handling of the process and the UK too, which he said had assigned incredible “horsepower” – meaning human resources – to secure a deal.
The negotiations were in their final stages and the focus should not be on timing, but rather getting the right deal for Gibraltar and the UK.
“Everybody is working for an arrangement,” he said.
“Everybody wants an arrangement that suits every party. And every party’s got an interest in this and it is infinitely complex.”
“It’s like playing chess in four dimensions and trying to get those pieces on the chess board in the right place at the right time.”
“I feel the planets are aligned, we’ve just got to take the last steps.”
Sir David was quizzed about confusion at the border this week as Spain appeared to tighten controls on non-EU nationals who did not possess a red ID card, even turning some day trippers back.
He echoed comments by the Chief Minister that negotiators were working toward a deal that covered all residents of Gibraltar.
“We’re working for the whole population of Gibraltar, whatever the colour of one’s ID card,” he said.
But he added: “There are always going to be trials and tribulations as you get to the end point of a negotiation.”
Sir David acknowledged too the interim measures that Spain had put into place and which allow red ID card holders to cross much as when Gibraltar was in the EU, adding it was a dispensation “of which we should be grateful”.
He acknowledged, however, that there will inevitably be “hiccups” as the talks reach their final stages.
As a British national without a red ID card, Sir David said he too might be affected by the change in the Spanish posture at the border, although he had yet to put this to the test.
“I’m going to try and get across at the weekend and if I have any trouble, I’ll let you know,” he joked.
A UK Government spokesperson said UK nationals visiting an EU country should check the UK’s travel advice before travelling.
But it added too that the UK Government had raised with Spain the specific issue of some British citizens being refused entry.
“Travellers should be prepared for additional checks at border control, including showing a return or onward ticket and proof of funds or accommodation for their stay,” the spokesperson told the Chronicle.
“We are aware that some British citizens seeking to cross from Gibraltar to Spain in recent days have been refused entry.”
“UK Government officials have raised this with the Spanish authorities.”
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Viewpoint with the Governor
Remember when
Joining the Schengen Area opens up new opportunities, the territory’s government says.
Gibraltar’s proposed entry into the European Union’s Schengen free-movement area offers a “historic” opportunity for the British Overseas Territory to develop its route network, according to business and tourism minister Vijay Daryanani (pictured).
A temporary agreement confirming freedom of movement between Spain and Gibraltar, located on the southern coast of the Iberian peninsula, was struck on Dec. 31, 2020—the day the UK officially left the EU. Negotiations to agree a final treaty on Gibraltar’s post-Brexit future began in October. A decision on that is due within the next three months.
Schengen Entry Will Boost Gibraltar Connectivity, Tourism Minister Says
Gibraltar’s proposed entry into the European Union’s Schengen free-movement area offers a “historic” opportunity for the British Overseas Territory to develop its route network, according to business and tourism minister Vijay Daryanani (pictured).
A temporary agreement confirming freedom of movement between Spain and Gibraltar, located on the southern coast of the Iberian peninsula, was struck on Dec. 31, 2020—the day the UK officially left the EU. Negotiations to agree a final treaty on Gibraltar’s post-Brexit future began in October. A decision on that is due within the next three months.
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 Gibraltar’s planned entry into the Schengen Area would benefit communities on both sides of the border, enabling the territory’s 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.
“It is very important, not only for Gibraltar but also for the shared prosperity that might be created in the hinterland into Spain,” Daryanani told Routes. “European airlines are very interested in Gibraltar because it’s a gateway to the region—there isn’t another airport withing a 50-km radius.”
23rd April 2022
US Government protests to Spain after senior officer is blocked at border.
The presence of two nuclear-powered submarines in Gibraltar over the past week put a spotlight on the Rock’s military strategic importance in a volatile world, but out of the limelight, there was tension between the UK and the US on one side, and Spain on the other.
UK and US military officials became concerned after the programmed visit of the US Navy’s USS Georgia was reported a day before arrival in a Spanish media outlet, including the vessel’s name.
NATO allies often share advance information of submarine port calls, but the information is secret for obvious reasons.
To read it in the media signalled a leak of that information.
The arrival of the UK submarine HMS Audacious a few days later was also reported in advance by some Spanish media, again raising similar concerns.
Asked about this, the UK Foreign, Commonwealth and Development Office deflected questions to the Ministry of Defence.
“The MoD takes operational security very seriously and any breaches are dealt with accordingly,” an MoD spokesperson told the Chronicle.
“It would not be appropriate to comment on this specific case.”
A spokesman for the US Navy also avoided any comment on the leak, except to say: “Operational security regarding our U.S. Navy ships and personnel remains a top priority for us, which is why we do not discuss future movements unless previously planned and coordinated.”
Speaking on GBC’s Viewpoint on Thursday night, the Governor, Vice Admiral Sir David Steel, said “secrecy with submarine movements is pretty much paramount” but acknowledged advance information was sometimes shared between partner nations.
Sir David stressed, in any event, that the tight security surrounding all submarine surface movements meant there was little risk.
As always, the presence of the vessels in Gibraltar generated protests from Spanish environmental groups that have long voiced fears about submarine operations of this type.
But this time, there was a Spanish diplomatic protest too.
Even before the US submarine had docked in Gibraltar, there were reports in Spain that the Spanish Government had lodged a complaint with the US Government over its decision to send the vessel to the Rock instead of nearby Rota.
Sir David would not be drawn on this but said US Navy submarines “can berth anywhere they want to”, adding that “flexibility of submarine operations is where the utility lies”.
And there were other sources of friction with Spain too arising from the US submarine’s presence here.
Last weekend, a senior US naval officer deployed to the Rock from Lisbon was stopped by Spanish border guards as he tried to cross back into Spain in uniform to return to the Portuguese capital.
Despite being NATO allies, Spain prohibits any military movements over the border or over its airspace if the destination or starting point is Gibraltar.
Some Spanish media, the same ones that reported on the submarine movements ahead of arrival, said the officer was Brigadier General Marcus Bryant Annibale, Chief of Staff of NATO’s Naval Strike and Support Forces (STRIKFORNATO) in Oeiras, Portugual.
On Friday, Captain David Baird, the commander of the US base in Rota, posted a message on the base’s Facebook page alerting personnel about the probles at the border and saying the US Government had taken the matter up with the Spanish Government “at the highest levels”.
But he told them too to avoid travelling to Gibraltar for now.
“I am aware that many members of our community have had difficulty in the past week entering Spain from Gibraltar,” he wrote.
“The U.S. Embassy in Madrid is fully engaged to resolve these issues, but unpredictable delays continue.”
“Until further notice, I strongly discourage U.S. members of the Naval Station Rota community from traveling to or from Gibraltar.”
“If you must travel to Gibraltar, please ensure you have your TEI card and your passport with a Valid entry stamp for Spain.”
“Please also ensure you have sufficient funds available for multiple nights of lodging should you be delayed.”
“The US Embassy is working to address these issues at the highest levels. But until we have clear resolution, please refrain from traveling to Gibraltar.”
Last week there were whispered indications, amongst a closed circle, that London and not Gibraltar was blocking a Gibexit deal. That suggestion gains credibility from statements made by the special Spanish Foreign Office delegate to the Campo de Gibraltar, which are reported in Europa Sur on 23rd April 2022.
Last week’s whispers in certain circles in Gibraltar were that Gibraltar had agreed Schengen related immigration arrangements, but that when London heard of these, it ‘blew a fuse’.
The likelihood is that the UK upset might be caused by two issues, either matters related to Defence, or interconnections with Northern Irish disagreements currently being discussed with the EU.
UK DISPLEASURE
Juan José Sanz Aparicio, special Spanish Foreign Office delegate to the Campo de Gibraltar, in a meeting with the Mayor of San Roque, Juan Carlos Ruiz Boix, is reported to have said, “We see how the Spanish Government maintains its commitment with the Campo de Gibraltar, under the New Year’s Eve Agreement.”
The Mayor of San Roque welcomed and emphasised the positive attitude of the Gibraltar delegation at the Gibexit talks, aimed at finding solutions to deliver on a zone of ‘shared prosperity’ between Gibraltar and the Campo de Gibraltar.
In sharp contrast he criticised the immobility of the British delegation. He put it down to it probably being “due to the great distance between the area and ignorance of the problems [to be faced by] these 300,000 people who share highways, streets, hospitals, family ties, and also employment.” He refers to the populations of Gibraltar and the Campo de Gibraltar.
The distinction made indicates that, oddly, the differences in finding a way forward for Gibraltar, at Gibexit, do not arise between Gibraltar and the EU but rather between the UK and the EU.
CALL FOR POSITIVE OUTLOOK
The Mayor of San Roque called for the new round of negotiations, between London and the EU, in May to be positive. He said, that “a gesture of generosity” was needed, It should allow all to resolve the small print of the New Year’s Eve Agreement, but that would not be possible in the context of any lack of flexibility by the UK.
He asks that the UK representatives “should acknowledge the links that exist in the area”. He suggested that those could be increased by eliminating the border and empowering that zone of shared prosperity between Gibraltar and the Campo de Gibraltar”.
REASONS FOR DIFFERENCES
None of the reason for differences are known, but Northern Ireland is in the background, as are Defence considerations.
The UK has denied in the past that Northern Ireland is a factor, with statements to the effect that the two issues were separate and distinct with very different considerations, which did not impact on each other.
There has been more talk in certain circles that immigration control over Defence personnel was the issue of greatest concern to London. No confirmation of that has been forthcoming from any party in the talks.
The whispers are that the UK Ministry of Defence does not wish its personnel to go through any Schengen immigration controls. The problem is that if they do not submit to Schengen immigration controls, Defence personnel will be free to travel throughout Schengen, without any control. The EU will not be happy with that. Compromise on that issue is difficult to see from the outside.
DEFENCE VERSUS PROSPERITY
Defence considerations should not be underplayed. The very essence of Gibraltar continuing to be British is intrinsically bound by the usefulness of the military base in Gibraltar. An importance demonstrated by the recent visit of two nuclear submarines.
One British submarine, another a US one. What more palpable message than that of Gibraltar’s military importance? To boot it indicates that it is not just important to the UK but also to the USA.
The Spanish protests on subject, which must have been expected, have fallen on deaf US ears.
The other side of that equation is that Gibraltar no longer lives off Defence spending. The closed frontier days, when 80% of the economy was based on Defence spending are long gone.
Accordingly, the UK government cannot expect the population of Gibraltar to shoulder any penalty for the benefit of the UK Ministry of Defence.
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The Mayor of San Roque, Juan Carlos Ruiz Boix calls for the elimination of the frontier or "fence" as they call it in The Campo region.
Ruiz Boix calls on London to overcome 'immobility' in Gibraltar negotiations
He advocates the elimination of the fence as a major challenge
The Mayor of San Roque, Juan Carlos Ruiz Boix, has held a meeting with Juan José Sanz Aparicio, special delegate for the Campo de Gibraltar of the Ministry of Foreign Affairs, where both shared information on the Brexit negotiations regarding Gibraltar. For his part, the mayor called on the representatives of the United Kingdom to overcome "the immobility" they have shown so far in order to achieve solutions that benefit the Rock and the region.
"We have shared information on the negotiations between the European Union and the United Kingdom, and more specifically between our country, the United Kingdom and Gibraltar, and we see how the Spanish Government maintains its commitment to the Campo de Gibraltar, with the New Year's Eve Agreement", explained Ruiz Boix.
He also pointed out that "the main challenge is that the more than 300,000 people who live in the region and Gibraltar can enjoy an area of shared prosperity with the elimination of the fence", which in turn would lead to boost "economic and commercial interests that could generate employment and wealth to improve the quality of life of the Spaniards in the area".
Ruiz Boix highlighted the "positive" attitude of the Gibraltar delegation in seeking positions of agreement and in its eagerness to carry out this area of shared prosperity. However, he rejected the "immobility" of the British delegation, "probably due to the greater distance of the territory and the lack of knowledge of the problems of these 300,000 people who share highways, streets, hospitals, family ties and also employment".
The mayor called on the negotiating parties "to be innovative, novel and groundbreaking when it comes to resolving pending conflicts, such as Spain's responsibility for Schengen territory issues". "We know that Gibraltar is being generous with the presence of Frontex agents, but the final responsibility for access to Europe from Gibraltar lies with Spain, and we must seek an answer to this question," he said.
For the mayor, it is important "that the new round of negotiations between London and Brussels in the first week of May be positive". He also considered it necessary "a gesture of generosity" that would allow "the small print" of the New Year's Eve Agreement to be "tackled".
Finally, Ruiz Boix stated that he believes that there is a "desire for agreement" on the part of the Spanish and Gibraltar delegations, "but not the usual immobility of the United Kingdom".
U.K. Minister for Europe James Cleverly has said that the issues remaining to secure a U.K.-EU treaty about Gibraltar are eminently soluble.
He added that the integrity of Gibraltar is an "absolute non-negotiable" but that the ingredients for an agreement are in place.
Mr Cleverly was answering questions from the European Scrutiny Committee of the House of Commons, which is chaired by veteran Conservative MP Bill Cash, who is known for his eurosceptic views.
Mr Cleverly and his officials explained that the nub is the issue of mobility, the implementation of the New Year’s Eve Agreement and how Schengen would work. He answers questions from Brexiter MP David Jones on the role of the European Court of Justice in the proposed treaty and the Level Playing Field.
The next round of negotiations for a UK/EU treaty on Gibraltar’s future relationship with the bloc will take place next week, some three weeks after the target date by which all sides in the talks had hoped to seal a deal.
Both sides have been reluctant to set deadlines on the negotiation but insist they are willing to continue talks toward a shared aim, signalling positive sentiment to that end despite the complexity of what they are seeking to achieve.
They have repeatedly stated too that to negotiate in public would be counterproductive, and that all parties involved remain in close and constant contact to iron out remaining areas of disagreement.
Last night, the Chief Minister tweeted that he was flying to London and added the hashtag #TreatyTalks, suggesting discussions ahead of the formal round next week.
But the delay and absence of public detail on the nature of the discussions are generating deep unease in communities on either side of the border whose future will be impacted by the outcome of the negotiations.
Against that backdrop, a European Commission official told the Chronicle on Wednesday that the talks would resume in London on May 10 and 11, for what will be the eighth formal round since the process started in October last year.
Conifrmation of the date comes after Julian Braithwaite, the Director General for Europe at the Foreign, Commonwealth and Development Office, told a House of Commons committee last week that the key remaining area of disagreement centred on mobility.
“The nub is the issue around mobility and particularly implementing the agreement between us and the Spanish about how Schengen would work, and the degree to which Spanish officials would be involved in that and how it would be managed in a way that was seamless,” he said at the time.
“There was an agreement in the joint agreement on how that would work and that is where we’re focusing down in the negotiations now.”
Amid rising expectation of an announcement, Chief Minister Fabian Picardo told the Chronicle on Wednesday that this was the “decisive stage,” echoing language used too in recent weeks by the Spanish Government.
Mr Picardo said he looked forward to the “…continued, positive engagement with optimism and enthusiasm, knowing that with hard work and goodwill, we will achieve a safe and secure treaty that works for all parties.”
"I know all the teams are working extraordinarily hard to make significant progress at this decisive stage and I thank them for their labour and endeavour in trying to find the right solutions for all sides,” he added.
POLITICAL PRESSURE
The absence of detail about the negotiations is prompting mounting political pressure in Gibraltar.
On Wednesday, the GSD said any proposed UK/EU treaty text on Gibraltar should be published before it is entered into, to allow for “a clear public debate” on the proposals.
It said too that any agreement of principles leading to a draft treaty should also be published.
The GSD repeated past concerns about delays in securing a deal for Gibraltar despite the UK agreeing its own treaty on post-Brexit relations with the EU, adding that only “a vague eight-page framework” - a reference to the New Year’s Eve agreement that forms the basis of the ongoing negotiations - had been secured to date.
The GSD said it had not seen any documents since then and had only had one informal briefing since the end of 2020, in November 2021.
It believes momentum was “clearly lost” in the negotiations for Gibraltar and that an opportunity “was missed” to land a safe and beneficial agreement in tandem with the UK, although it offered no clues as to how that might have been achieved.
Seventeen months after Gibraltar left the EU, there was a backdrop of increasing uncertainty and “a fragile status quo” dependant on Spanish goodwill that was causing political and economic uncertainty with real impacts on individuals.
“It is important to appreciate that we are at a significant moment in our affairs,” said Keith Azopardi, the Leader of the Opposition, adding the GSD had made clear that it wanted a “safe and beneficial agreement” with the EU.
“But people also need to know what deals are being negotiated in their name and what specifically is on the table before this is entered into given the importance of this moment for Gibraltar’s future.”
“This is essential so that there is clarity instead of speculation on the elements and consequences of any deal.”
“This speculation needs to be dispelled and the draft of any treaty text published before it is entered into so that everyone knows what’s on the table and can judge that against the prospect of no deal and its consequences.”
“The Government should reassure people that the draft treaty will be published for public evaluation and debate before it is signed up to.”
No.6 Convent Place responded that it had already stated it would not approve a treaty until it was ratified by the Gibraltar Parliament after a debate on a motion, which would itself only happen after the Cabinet gave a green light.
“The GSD is therefore asking, in solemn tones, for the Government to confirm that which the Government has already confirmed publicly and in private directly to the Leader of the Opposition,” No.6 Convent Place said.
“Additionally, the Opposition should know that international treaties cannot be ratified until they have received the requisite parliamentary approval.”
“That will mean at least the formal approval being required for ratification through the UK and EU constitutional procedures, as well as the Gibraltar position for a motion approving the same.”
The Gibraltar Government also noted the GSD’s concerns about delays in the negotiating process.
While Covid-19 and the Ukraine crisis have impacted on the timetable, it said the delay also arose in part because Gibraltar had not been prepared “to accept certain positions which, if we had accepted them, would have rendered the treaty unsafe for Gibraltar”.
“The GSD seems to say we should have stopped defending our positions for the sake of an earlier treaty,” No.6 said.
“The Government does not agree with that proposition from the GSD.”
“The other, second, obvious issue that arises is that the GSD's call for a debate etc will only add to the time before a treaty is ratified, which runs contrary to their apparent call for urgency in completing the same.”
“The contradictory elements of the GSD positions are, as usual, unsurprising.”
But the GSD insisted that any ‘in principle’ agreement should be debated publicly even before the parliamentary ratification process commences.
The party said it “assumed” that written proposals must be circulating among the delegations, even if tentative agreements may not yet have been reached.
“People should not be kept in the dark once a settled proposal emerges that is, in principle, acceptable to those negotiating,” Mr Azopardi said.
Spain’s Minister for Foreign Affairs, Jose Manuel Albares, said negotiations for a UK/EU treaty on Gibraltar “are moving at good pace” and were separate from the impasse between the UK and the bloc over the Northern Ireland Protocol.
Speaking to reporters in Madrid alongside his Irish counterpart, Simon Coveney, Mr Albares also said negotiators were poised to start drafting the legal text of an agreement for Gibraltar.
"The negotiations are moving at a good pace," he said.
"There are concrete proposals on the table in order to draft the agreement and we hope we can start drafting soon, with specific, legal solutions on the different important points."
"We are confident that this will move forward as quickly as possible."
Quizzed about Gibraltar and Northern Ireland, Mr Albares said these were “two separate negotiations”.
"They have nothing in common other than the fact that on the other side of the table is the same party,” he said.
"And we expect a constructive attitude from that party, the same one that we have when we sit at the table."
"An attitude of dialogue, not the opposite."
Ireland's Mr Coveney also sought to draw a line between the Northern Ireland impasse and the Gibraltar talks.
He said they were "completely separate negotiations" and that they should be kept that way, as had been the case throughout the Brexit process.
On the issue of Northern Ireland, both men urged the UK to engage in dialogue with the EU to find a way to resolve the impasse.
They were speaking after the UK signalled this week that it could unilaterally scrap large sections of the Northern Ireland Protocol.
The EU has warned against such a move, which risks a breakdown in relations.
The UK, Spain and Gibraltar have said on numerous occasions that the Gibraltar talks and the Northern Ireland situation are not linked.
But the fear is that a collapse in relations between the UK and the EU over the Northern Ireland Protocol could potentially impact the Gibraltar talks.
In a separate development, James Cleverly, the Minister for Europe, said the UK and Spain were both “determined” to push ahead with a deal for the Rock’s future relations with the bloc.
He made the statement after meeting in London with his Spanish counterpart, Pascual Navarro, following the eighth round of talks earlier this week.
“As NATO allies [UK and Spain] are working together on security challenges, especially Russia’s invasion of Ukraine,” Mr Cleverly said in a tweet.
“Also discussed our shared determination to progress in UK-EU Gibraltar negotiations.”
The meeting with the Spanish minister followed earlier talks between Foreign Secretary Liz Truss and Mr Cleverly with Chief Minister Fabian Picardo and Deputy Chief Minister Dr Joseph Garcia.
Mr Picardo said negotiators continue to be “strongly optimistic” that a treaty for Gibraltar’s relations with the EU can still be agreed.
Speaking at the end of a two-day session of talks earlier this week, the eighth formal round of negotiations between the UK – with Gibraltar – and the EU since the process started in October 2021, Mr Picardo said: "I can see the contours of a deal which is safe and secure for Gibraltar and within what we would all consider to be acceptable.”
The Chief Minister is due to make a statement on the negotiations in Parliament on Monday.
Chief Minister Fabian Picardo said negotiators for a UK/EU treaty on Gibraltar’s post-Brexit relations with the bloc were “within touching distance of a historic treaty”, even as he signalled it was likely “at least two” more rounds of formal negotiations would be necessary.
In a statement to Parliament, Mr Picardo reflected on the process so far and on its complexity, underscoring that the negotiations touched across-the-board on EU legislation that formed the very foundations on which the bloc was built.
The statement to Parliament was highly anticipated but if people were expecting detail, there was very little forthcoming.
Instead, the Chief Minister repeated earlier warnings that to negotiate in public risked undermining talks that at times were held together by “a tissue of diplomacy”.
“What is the current state of play?” Mr Picardo said.
“The straight answer to that is that we are within touching distance of a historic treaty…between the UK and the EU…that, if we can get there, will create renewed optimism in the European idea itself.”
“It will create opportunity for our further economic development and the further economic development of the region around us, and perhaps even beyond, reaching across the strait.”
And he added: “The new arrangements, if they can be agreed, will put cross border cooperation on a more definite and secure footing.”
“In doing so, it will be protecting our post ‘86 way of life, while at the same time safeguarding all of our fundamental political interests and not asking any other party to compromise theirs, as already provided for in the New Year’s Eve Agreement.”
Mr Picardo told MPs that he envisaged another formal round of talks early in June but would not be drawn on potential dates beyond that, or on a timescale.
Pressed by the GSD’s Roy Clinton, the Chief Minister said it was a “how long is a piece of string?” type of question.
“We continue with more rounds until we reach agreement, or until we end,” he said, underlining his confidence that an agreement would be reached.
Mr Picardo echoed the sentiment expressed by Spanish Foreign Minister Jose Manuel Albares last Friday, adding the talks were “moving at a good pace now” and that this would continue in the coming weeks.
Repeating comments to this newspaper last week, the Chief Minister said he could now see the shape of a final deal that would then be turned into a treaty text.
“The positions we are landing on are becoming clear and there are concrete proposals on the table,” he told Parliament.
“We are reaching the point of being able to point to legally safe and secure solutions on the different parts of each of the most important points, that will enable the UK and the EU to consider draft texts for the agreement in those areas.”
“I believe we are now close to being able to start consolidated treaty drafting in coming weeks.”
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