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 “unique” 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.
“It is a technical fact-finding visit that should allow experts to get a better understanding of the region,” 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 Rock’s 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.
“It is hoped that experiencing the area at first hand will provide a better understanding of its unique nature to all concerned,” 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.
Spain’s Minister for Foreign Affairs, Jose Manuel Albares, said on Friday that “a good part” of the UK-EU negotiation on a treaty for Gibraltar has already been agreed, even while acknowledging there remained “loose ends” 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 Gibraltar’s 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,” 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,” 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 Rock’s 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.
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."
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.
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.
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.”
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.
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.”
13th June 2022
Spain reaffirmed before the UN on Monday its commitment to a UK/EU treaty for Gibraltar’s future relations with the bloc that would serve to establish “an area of shared prosperity” based on the New Year’s Eve political agreement.
The message was delivered by Spain’s ambassador to the UN, Agustín Santos Maraver, in a written statement circulated to delegates at a session of the UN’s Committee of 24 on decolonisation in New York.
Time limits meant Mr Santos did not read through that section of the address during his intervention, which focused on Spain’s traditional position on territorial integrity and its view of Gibraltar as an “anachronistic colony” in Europe.
But the written text circulated to delegates set out the Spanish position before the international community just days before negotiators are set to resume treaty talks in a final, delicate phase.
In the text, Mr Santos said the New Year’s Eve political agreement “must serve as the basis for a future agreement between the EU and the UK in relation to Gibraltar”.
“The ultimate objective of that agreement is the creation of an area of shared prosperity,” he said in the document.
“Nothing envisaged in that agreement, nor any action of measure taken in its application or a result of it, implies any change in the Spanish legal position in respect of sovereignty and jurisdiction in relation to Gibraltar, as the President of the Government of Spain signalled in his address to the General Assembly last September 22, 2021.”
Mr Santos said too that parallel agreements on taxation and tobacco were “contributing to the improvement of relations in the region”.
But he made clear that despite the pragmatism focused on protecting citizens from the impact of Brexit, Spain’s core position on sovereignty remained unchanged.
He told the UN that Spain had for decades been calling for bilateral sovereignty talks with the UK but that the UK Government had “unfortunately” not met its obligations under UN resolutions.
The UK has made clear repeatedly that it will neither transfer sovereignty of Gibraltar to another state, or even discuss such a transfer, against the wishes of the Gibraltarians.
The UK and Gibraltar have told the UN on numerous occasions that their relationship is a mature and modern partnership that cannot be classified as colonialism.
But Spain adopts a less flexible stance rooted in age-old UN doctrine centred on territorial integrity.
“The process will not conclude until the General Assembly of the United Nations so decides,” Mr Santos told the UN on Monday.
“It is not down to the administering power to declare of its own accord that the decolonisation of a given territory is complete.”
In an interesting aside during the session on Monday, there were indications from other delegations that the UN may need to review its approach decolonisation, a position often argued by both the UK and Gibraltar.
In a general submission unrelated to the specific issue of Gibraltar, the diplomat representing Indonesia at the C24 session reflected that a “one size fits all” approach would not work for the remaining territories on the UN decolonisation list.
Solution need to be found “on a case by case basis”, he told the committee.
The Spanish press has interpreted the presence of a Frontex van at the border as a signal that the controls are about to be strengthened on persons entering and leaving the Schengen zone.
AGENCY
It has emerged at the same time that a Frontex operation is starting in Algeciras. The Agency itself has announced that it will be assisting Spanish border guards in Tarifa, Algeciras and Ceuta with the summer transit of persons to and from Morocco.
The Deputy Chief Minister Dr Joseph Garcia has warned the Gibraltar Parliament of potential “chaos” at the border in the event of no agreement with the European Union.
He has explained that, although the Government and the U.K. have worked closely to mitigate the effects of no deal, there are certain areas where mitigation will simply not be possible. NO DEAL
Dr Garcia was the third speaker in the Budget debate that started on Tuesday, after the Chief Minister and the Leader of the Opposition. He set out in some detail the plans which have been put into effect to prepare for the eventuality of no agreement, making the point that this was “not an attractive proposition” nor where the Government wished to land politically.
The border at La Linea will be partly manned by members of European police forces this summer as part of an exchange programme between them.
EXCHANGE
Many people were surprised on crossing the border into Gibraltar over the weekend to find a French and Italian police officer checking their passports. The two officers apparently speak fluent Spanish. The plan, according to press reports in Spain, is for a German officer to join the exchange scheme as from 1 August.
*Sir William Cash, arch -Brexiteer preaches a Gibexit treaty
*Secrecy governs what UK MPs are being told
*We are safe, Sir William says there are no sovereignty red flags
*However, vagueness in statements rules the waves
*Practicalities lead Gibraltar, although those ignored by Brexiteers in the UK
*Sir William’s ideas of sovereignty for Gibraltar differ from those of the UK *Sovereignty is about the question of how you apply the law” not who makes it
*Should any Gibexit treaty allow a way out exercisable by Gibraltar?
*Politicians ask for ‘wait and see’
*Will Johnson resignation affect Gibexit talks?
EU IS GOOD FOR GIBRALTAR
What was not wanted for the UK by arch Tory Brexiteer, Sir William Cash, membership of the EU in any form is fine for Gibraltar according to him in the shape of a UK/EU treaty on our future relationship with the EU.
It is a proposed treaty to be entered into by the UK on our behalf and not by Gibraltar directly. That is a harsh reality highlighting a lack of self-determination by Gibraltar, despite the involvement in the negotiation due to the exclusive gift of the UK of our own politicians and senior public servants.
It is a proposed treaty that is supported by those MPs visiting Gibraltar, and which one hopes will not be affected by the resignation of UK Prime Minister Boris Johnson.
FACT-FINDING TRIP
Sir William has been visiting Gibraltar on a fact-finding trip as Chair of the European Scrutiny Committee of the UK House of Commons. He was accompanied by other MPs who are members of that Committee.
The Committee begun last month to explore the handling and progress of those treaty negotiations, yet keep mum on all matters that they learn of from our leaders.
SECRECY RULES
Sir William is as wary about revealing the progress towards a treaty as our own politicians and officials, which begs the question why is a UK parliamentary committee inquiring into the matter at all? They cannot reveal the results of their inquiries. Is the visit a waste if UK tax-payers money?
He has hesitated to comment on briefings that the Committee has had with both the UK and Gibraltar Governments beyond vague assurances on the still unclear issue of sovereignty. A subject that is spoken about by all in generalities without definition.
Gibraltar's sovereignty is in the hands of the people of Gibraltar.
Sir Graham Brady has told GBC this is guaranteed by the UK Government.
The Conservative MP and Chairman of the influential 1922 Committee said he believes a treaty agreement will result in a more positive experience at the Gibraltar/Spain frontier which people on both sides will want to see continue beyond the initial four-year period.
Our reporter Ros Astengo spoke to Sir Graham, and first asked him whether, as a Brexiteer, he believes Britain is better off after having left the EU.
Speaking further today, Ros Astengo asked Sir Graham whether he had received any letters of no confidence in the new Prime Minister. Liz Truss has been embroiled in controversy since her Chancellor's Mini-Budget last week plunged the UK economy into financial crisis.
However, Sir Graham said he never comments on letters but did confirm there cannot be another vote of no confidence in the PM for another year.
