The European Commission has proposed a phased implementation of its new digital border system, with the UK and Gibraltar governments closely monitoring developments and assessing what impact they could have at Gibraltar’s border with Spain against the backdrop of ongoing treaty talks.
The Entry/Exit System [EES] was due to have come into operation in November but the start date was delayed amid concerns about chaos at border and airport immigration controls as some countries were not ready.
Earlier this month, the Commission suggested a “progressive start” to the EES.
“The proposal, once it has been approved and a date for the start of the system has been set by the Commission, will give Member States six months to deploy the EES,” the Commission said in announcing the development.
There is still no clarity on a specific start date, however.
Separately, the EU is also planning to introduce its European Travel Information and Authorisation System [ETIAS] in the first half of next year.
The two systems are interlinked and, in the absence of a UK/EU treaty for Gibraltar, would mean much tighter controls on non-EU nationals – including people from Gibraltar – when entering the Schengen zone, including at Gibraltar’s land border with Spain.
Under the planned Entry/Exit System, non-EU nationals entering the bloc from a non-EU country – including Gibraltar – would need to register fingerprints and a photograph with their passport details.
Once travellers have given their fingerprints and details, that registration will be valid for three years.
Those details would then be used to conduct biometric checks – meaning fingerprint and facial scans – every time travellers enter the Schengen area, irrespective of the length of their stay. This will replace passport-stamping.
The ETIAS framework will add a further level of complexity, requiring visa-exempt non-EU nationals to seek authorisation prior to travelling to the Schengen zone.
British nationals will not require a visa to travel to EU countries but will have to register for authorisation from ETIAS and pay seven euros for a three-year visa waiver, much like the US ESTA system that has been in place for some years.
The impact of the introduction of the EES at Spain’s border with Gibraltar was raised during an evidence session of the Justice and Home Affairs Committee in the House of Lords last week.
Seema Malhotra, the Minister for Migration and Citizenship at the Home Office, was asked for an update on the Gibraltar treaty discussions and potential changes at the border.
“We are intent on agreeing a treaty that protects sovereignty and the UK’s military autonomy and secures future prosperity for Gibraltar and the region,” she said, adding: “That is important.”
“It is also critical to recognise that we are steadfast in our support for Gibraltar, and we will agree only to terms that the Government of Gibraltar are content with. These discussions are ongoing.”
“It is important in our work with the Government of Gibraltar to ensure that national security and the rights of British citizens are paramount in those negotiations.”
While the negotiations were being led by the Foreign, Commonwealth and Development Office with the Gibraltar Government, Ms Malhotra said Home Office officials were consulted on border management issues when necessary.
She reminded the committee that Gibraltar is responsible for its own immigration and border arrangements but said Home Office personnel had offered advice on handling potential border impacts.
“There has been long-running engagement between the Gibraltar Borders & Coastguard Agency, Gibraltar Customs, and [UK] Border Force on capacity building and exchange of expertise,” she said, adding this pre-dated treaty negotiations.
“They are matters that continue, but I think it will be reassuring for the committee to know that officials continue to have close engagement from all departments—officials have recently visited and will visit again in January—and that we keep all matters under close review, as well as preparations for EES.”
Lord Foster of Bath, the chairman of the Justice and Home Affairs Committee, pressed the minister on the implications for Gibraltarians of tighter controls at the border and the steps being taken by the UK Government to mitigate those.
“One bit that is relevant to that debate is that people entering the EU are able to go in for only 90 days out of every 180 days,” Lord Foster said.
“At the moment, people in Gibraltar can go in for more than 90 days.”
“There is a real fear that the red ID card holders in Gibraltar may suddenly now be picked up as going in more than 90 days out of 180 days.”
“I am assuming that, when you said you were prepared to support Gibraltar’s prosperity, that is one of the very specific examples where you will seek to enable them to have that freedom to go for more than the 90 days.”
Ms Malhotra replied: “To your point, I emphasise again that prosperity for Gibraltar, national security and the rights of British citizens remain paramount in negotiations.”
“Indeed, my honourable friend [Stephen Doughty] the Minister for the Foreign Office, the Member for Cardiff South and Penarth, and Gibraltar’s Deputy Chief Minister have ongoing discussions and oversee any contingency planning in relation to the EES and what that could mean, in any respect, for travelling and discussions about the Gibraltar border.”
“This is also in the context of our EU-UK reset, where we want to see border fluidity as much as we can.”
“That is a general strategy, using intelligence to reduce any risks of delays at the borders and making sure that we balance security and ease of travel for individuals and for trade.”