Border returns to uneasy normality after passport stamps unilaterally introduced, albeit briefly

By Brian Reyes and Nathan Barcio

Spanish police officers at the border have been told not to stamp the passports of Gibraltar residents with red ID cards, after a chaotic morning in which the Policia Nacional chief inspector in charge at the frontier ordered strict Schengen checks on all British nationals including Gibraltarians.

The measure, implemented at 10.30am on Friday after the morning cross-border rush hour, was short-lived.

Within an hour, the chief inspector’s order to tighten checks was overruled by his superiors, although it was in place long enough for numerous Gibraltar residents to be affected.

By late afternoon, some Spanish media were reporting that the chief inspector had been removed from his post.

The Chronicle understands that he has in fact been ordered to work from the main police headquarters in La Linea, although he has not been dismissed, at least for now.

“What should be clear is that border controls will remain as always, without the stamping [for Gibraltar red ID card holders],” a Spanish source with close knowledge of the developments told the Chronicle.

Under interim arrangements agreed by Spain, the UK, the European Commission and Gibraltar pending the outcome of treaty talks, Gibraltar red ID card holders can cross the border without undergoing the checks applicable to non-EU nationals, which after Brexit include Gibraltar-resident British passport holders.

That means red ID card holders can cross without a stamp that would trigger the 90-in-180-days limit on stays, as well as potentially requiring them to confirm their reasons for travel, accommodation arrangements and other details including proof of funds.

Conversely, Gibraltar immigration officials allow EU nationals to enter Gibraltar with just an ID card, rather than a passport.

The fear is that without those interim arrangements, tighter controls would lead to severe disruption for citizens travelling in both directions, even as treaty negotiators signal optimism that a deal to guarantee frontier fluidity post-Brexit is close.

In recent months, the Policia Nacional chief inspector has on several occasions unilaterally rescinded those arrangements, which he believes contravene Schengen rules despite confirmation from the Ministry of the Interior in Spain that this is not the case.

As far back as last November, shortly after an October incident in which there were chaotic rush-hour scenes at the border after Spanish checks forced Gibraltar to reciprocate, a spokesperson for the ministry said: “We confirm that the situation at the border complies with the law, and there are no security issues.”

On Friday morning, after the brief reintroduction of passport stamping at the border, the Spanish officer in charge at the time - not the chief inspector – was called by the Policia Nacional commissioner in La Linea and was told to stop stamping passports of Gibraltar residents until the outcome of any treaty agreement.

The instruction was conveyed in an internal Policia Nacional memo, a copy of which was published by Europa Sur, which had earlier run a story alerting that controls would be implemented as from 10.30am.

How the situation will unfold in the coming weeks remains unclear, amid reports on Friday evening that the Spanish chief inspector plans to file another judicial complaint in a La Linea court on Monday.

He had already filed an earlier complaint in court seeking judicial clarity on the interim measures, which he insists breach EU law.

The investigating magistrate has yet to rule on this.

News of the developments late Friday will offer little solace to people caught up in the confusion at the border earlier that day, or to thousands of cross-border workers who cross daily for their livelihoods, providing services across Gibraltar’s economy including in healthcare.

One red ID card holder told the Chronicle on Friday that he had no issues when crossing the border at around 9am on Friday, but had his passport stamped when returning to Gibraltar just before 11am.

He quizzed the Policia National officer as to why his passport was being stamped leaving Spain when he had not been stamped on the way in.

His appeal was disregarded, leaving him in the uncomfortable situation of having a Schengen exit stamp in his passport without the corresponding entry stamp, something that will likely be hard to explain if picked up by immigration officers elsewhere in Spain or the EU.

Another red ID card holder told the Chronicle that he had a similar experience in being stamped when returning to Gibraltar after crossing the border, adding he believed this was happening to all locals crossing the border.

RGP officers were at the scene on Friday to manage the build-up of traffic when the controls were tightened.

On this occasion, the swift intervention of senior officers on the Spanish side meant Gibraltar did not reciprocate.

“The Government is aware that Spanish authorities began to stamp passports of Gibraltarians on entry to Spain this morning,” a spokesperson for the Government said.

“The Government understands that these measures were stopped well within an hour of being implemented, and therefore Gibraltar's authorities did not introduce reciprocal measures on this occasion.”

The Gibraltar Government has made clear previously that it will reciprocate should passport stamping become the norm at the border.