Gibraltar ready to reciprocate amid confusing reports border controls may be tightened

Spanish police could again harden immigration checks for Gibraltar residents as from this week, according to a report in the Campo newspaper Europa Sur that raised the prospect of reciprocal controls by Gibraltar authorities and delays in both directions at the frontier.

While the border flow was normal on Tuesday, there was unease here and in Spain amid uncertainty as to how the situation would develop.

The trigger for this latest episode of border anxiety was an article reporting that the Spanish police chief at the border had ordered his officers to “gradually” start stamping passports of Gibraltar residents.

The order came despite well-established interim arrangements agreed by Spain, the UK, the European Commission and Gibraltar while negotiations are under way for a UK/EU treaty that seeks to establish a new framework guaranteeing post-Brexit cross-border fluidity.

The interim measures allow red ID card holders to enter Spain 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.

This would not be the first time that the senior Spanish border officer issues such an instruction, having done so twice previously, as well as on occasion rescinding long-standing transit arrangements for air passengers whose flights are diverted to Malaga.

In one instance last October, his orders triggered reciprocal measures by Gibraltarian immigration staff that led to chaotic scenes at the border during the morning rush hour, placing some businesses and public services in Gibraltar under strain due to their reliance on cross-border workers.

The latest developments follow earlier reports in Europa Sur citing evidence from the head of the Policia Nacional’s central border unit to a La Linea judge investigating a complaint filed by the Spanish frontier boss seeking judicial clarity on the interim measures, which he believes could breach EU law.

The reports are based on leaks of testimony given to the judge as part of her investigation, but on which she has yet to rule.

According to those reports, the head of the central unit told the judge that the Schengen code was fully applied at the border, albeit it allowed for some flexibility, at the discretion of the senior officer at the frontier, to ease controls during peak hours to avoid gridlock.

He said there was no written or verbal instruction not to apply the Schengen Code at the border in respect of Gibraltar residents but acknowledged the existence of a “recommendation” from the EU that Gibraltar residents should not be stamped against the backdrop of treaty talks.

For the senior officer at Spain’s border with Gibraltar, that amounted to confirmation that the Schengen Code should be fully applied to Gibraltar residents “unless written instructions are received” stating otherwise.

According to his latest order as reported by Europa Sur, “the application [of tighter controls] will be carried out once the necessary reasonable time has passed [from peak hours] in order to minimise any reprisals from Gibraltar towards Spanish workers.”

The reports in the Spanish press rang alarm bells on both sides of the border and the situation remains confusing, though one thing is clear.

“I have given instructions that if they start, we will start within an hour,” Chief Minister Fabian Picardo told the Chronicle on Monday, when the issue flared up.

Reacting to the reports in Europa Sur, La Linea mayor Juan Franco said he was following the situation closely.

“It’s something that causes us grave concern and we are awaiting more information,” he said, adding that La Linea would be the Spanish city that would suffer the most serious effects of a hard border.

“We hope everything remains as it is at present until an agreement is reached on Gibraltar’s exit from the European Union,” Mr Franco added.

“We need an agreement that guarantees a fluid border and addresses other issues that we have already highlighted including workers’ pensions and a different tax status [for La Linea].”

The latest developments have also unsettled the cross-border workers’ association Ascteg, which said frontier workers, Gibraltar residents and EU citizens need not be subjected to a strict interpretation of Schengen rules at a border crossed daily by thousands.

“These cross-border workers, as well as the rest of the llanitos and people from the Campo, risk being subjected to exhaustive controls as if we were travelling to Russia, due to the strict application of Schengen legislation,” a spokesperson for the group said.

“It is widely known that the Spanish, European, British, and Gibraltar governments are softening the situation to avoid harming 15,600 cross-border workers, businesses and traders, as well as long-time family members, friends, students and athletes who frequently cross our border.”

“We believe that behind all of this [a reference to the latest developments] is a rejection of goodwill for political reasons, and we hope to uncover the motives as soon as possible due to the damage they are causing.”

Ascteg called on the Spanish government to formally explain the situation at the border, adding that citizens faced being “herded like farm animals” through the border, their interests harmed.

The current situation was “... enabling a specific inspector and the officers under his command – perhaps influenced by other ideologies - to act with such severity that they are creating serious problems for us instead of preventing conflicts and harm,” the Ascteg spokesperson said.

The group called on Madrid to “... stop these coercive measures against workers and ensure the ease of transit that various ministries have promised us since before Brexit.”

“If this situation continues, Spanish workers in Gibraltar - who were also promised full support by Prime Minister Sánchez in a meeting - will face escalating problems.”

“Given a potential loss of earnings from Gibraltar, our community in La Línea, supported by the Campo de Gibraltar, will have to protest like never before.”

Government sources in Gibraltar shared a similar concern that the threat of tougher controls was politically motivated by those opposed to a treaty for Gibraltar.

They said they did not believe Madrid was directing a hardening of immigration checks, suggesting it was instead a “right wing push” against the interim arrangements agreed by Spain, UK and Gibraltar as a sign of goodwill to each other pending the outcome of the treaty negotiation.

Spain’s Ministry of the Interior, which is responsible for immigration controls, had previously stated that interim arrangements at the border complied with EU rules.

“We confirm that the situation at the border complies with the law, and there are no security issues,” a spokesperson for the ministry said last November.

That position appeared to be restated on Monday by Pedro Fernandez, the Spanish government’s representative in Andalucia.

Asked by reporters during a press conference, Mr Fernandez said the Schengen Code was already being properly applied at the border.

“The frontier with Gibraltar is working within the framework of the Schengen agreement,” he said, adding “and that’s how we’re going to continue”.

The developments this week were being closely followed by businesses in Gibraltar that rely on cross-border workers, conscious of the impact that border delays could have on their operations.

“Disruptions at the frontier, whether they be imposed on the Spanish side, or the Gibraltar side, negatively affect businesses in Gibraltar that employ cross-border workers,” said Owen Smith, chairperson of the Gibraltar Federation of Small Businesses.

“At least on the Gibraltar side, if businesses can be given as much notice as possible of reciprocal measures, it can help to reduce the impact.”

“These incidents also give a worrying insight into what our border could look like, if a Brexit agreement is not reached.”