CM says negotiators working to ‘ambitious’ treaty timeline, as Spanish media predicts border fence ‘torn down’ by January

Negotiators from the UK, the EU, Spain and Gibraltar are working to finalise the legal text of a UK/EU treaty on Gibraltar in the “earliest timetable possible”, Chief Minister Fabian Picardo said on Monday, following a report in El Pais suggesting immigration controls at the border may be ended by January.

The report said negotiators hoped to the have the treaty ratified by Christmas ready for implementation in the New Year, and that this would mean “tearing down the fence” in January.

But while autumn has long been the target date for completion of the legal text of the treaty, negotiators have avoided putting specific deadlines to the complex process, a message repeated on Monday by the Chief Minister.

“We are all ambitious for as early agreement on text and ratification as possible,” Mr Picardo said.

“We are all working towards achieving the earliest timetable possible for treaty text agreement, ratification and implementation.”

The treaty, once implemented, will mean an end to immigration controls at the land border with Spain.

Instead, people will be cleared at the airport and port through dual Gibraltar and EU immigration checks to control entry into both Gibraltar and the Schengen area, with the EU controls conducted by Spanish immigration officers from a shared facility at the airport spanning both sides of the border.

The treaty will mean existing physical arrangements at the border will change, allowing people to cross freely in both directions without the need for immigration controls.

But it does not mean the removal of the entire border fence, particularly given the border is adjacent to sensitive sites including the MoD estate and the air terminal and associated airport infrastructure.

And while negotiators have avoided specific dates, it has long been publicly stated that the goal is to finalise the treaty by October, with implementation soon thereafter.

Spain’s Minister for Foreign Affairs, Jose Manuel Albares, has highlighted that timescale on repeated occasions, albeit avoiding specific dates.

Once the treaty text is completed in English, it will have to be translated into the EU’s 23 official languages before the process of ratification in the UK and EU parliaments can commence.

The Gibraltar Parliament will also first have to debate the text of the treaty and approve a motion seeking that the UK should start the process of ratification.

The scope for delays was acknowledged in the article published by El Pais, which cited an unnamed European Commission official who said that while the English text was “practically ready” and could be finalised by October, the timescales “might be optimistic”.

“The text must be translated into 23 languages and approved by the European Parliament, and for that, Spain will need to make a diplomatic effort because some legal details could raise complications with MEPs from certain countries,” the official said.

A further, potentially complicating factor is that the EU will begin its phased roll-out of a new automated border control system from October 12.

The European Commission told the Chronicle in July that the decision on whether the Entry/Exit System [EES] will be implemented at the Gibraltar border will rest with Spanish authorities.

The Commission said member states would have six months to progressively implement the new arrangements, and that Spain would determine how to apply the rules at its external borders, in line with the relevant legal framework.

The Commission made the statement in response to questions from this newspaper regarding the interim period between the start of the EES and the ratification of a UK-EU treaty on Gibraltar.

“The details of the EU-UK agreement on Gibraltar are currently being finalised,” a Commission spokesperson told the Chronicle at the time.

“The EES will be deployed progressively across the external borders of the Member States over a period of six months starting in October.”

“It is for Spain to decide how to roll out the EES at the external borders in line with the provisions of the applicable legal framework.”

Spain has made no public comment yet on its plans for the EES at the border with Gibraltar in the interim period between October 12 and the treaty being ratified.

But Madrid’s current approach at the border suggests steps will be taken to avoid disruption during the six-month rollout of the EES pending conclusion of the treaty process.

While the negotiations are under way, Spain, the UK, the European Commission and Gibraltar have interim arrangements in place that allow holders of Gibraltar’s red ID cards to cross into Spain without undergoing full checks applicable to non-EU nationals.

This avoids the stamping of passports, which could trigger the 90-in-180-day stay limit, and removes the need to provide additional travel documentation.

Gibraltar authorities also continue to allow EU nationals to enter with an ID card rather than a passport.

The Spanish Government has said these arrangements are consistent with EU law and do not raise security concerns

Separately, Spain’s Prime Minister, Pedro Sanchez, is due to meet his UK counterpart Sir Keir Starmer in No.10 Downing Street on September 3 during an official visit to the UK .

The meeting, Mr Sanchez’ first to No.10, will come against the backdrop of ongoing treaty work and mounting speculation as to the timescale for ratification and implementation.

Mr Sanchez has met Sir Keir before but never bilaterally in Downing Street.

The meeting will likely focus on major foreign policy issues including US tariffs and the conflicts in Ukraine and Gaza, as well as the UK’s work to reset its relations with the EU after Brexit.

While Gibraltar is not expected to figure prominently on the agenda of the September 3 meeting, the June 11 announcement and ongoing work to finalise the legal text of the treaty means it will likely be raised during the discussion, if only to acknowledge the progress to date and a shared commitment to complete the process.

Earlier this month, a spokesperson for No.6 Convent Place said the Chief Minister had been aware of the meeting before a date was fixed for it.

“Mr Picardo expects he will, as usual in such instances, be involved in feeding into the briefings and preparations for the Prime Minister before the meeting,” the spokesperson said at the time.

“Gibraltar is not the subject of the meeting.”