Spain and Gibraltar press for rival treaty proposals as EU border changes loom
By Brian Reyes and Maria Jesus Corrales
Chief Minister Fabian Picardo on Wednesday urged Spain to accept “reasonable and well-balanced” proposals for a UK/EU treaty on Gibraltar, or “condemn us all” to tough border controls that will complicate the lives of workers and ordinary people.
Mr Picardo was reacting after Jose Manuel Albares, Spain’s Minister for Foreign Affairs, said the UK and Gibraltar must decide whether to accept the “comprehensive, balanced, and pragmatic” proposals made by Spain and the EU or face the implications of an EU-wide change to border controls as from November.
The exchange points to tension in the final stages of the negotiation for a treaty on Gibraltar’s post-Brexit relations with the bloc, although all sides insist they remain committed to reaching agreement in the interests of communities on either side of the border.
Each side in the negotiation says it has presented a reasonable proposal to secure a treaty, but consensus on a deal acceptable to all remains elusive.
“Gibraltar has put compromise arrangements on the table which respect the historic positions of all sides and guarantee the safety and security of the Schengen Area and the integrity of the Single Market,” Mr Picardo told the Chronicle.
“Spain has to decide whether it accepts these reasonable and well-balanced proposals or whether it insists on positions which they know we cannot accept and, in that way, condemn us all to controls that will make the life of workers and ordinary people harder.”
“It would be a pity to see that socialists in Government in all relevant capitals cannot come to an agreement and instead fail to deliver a historic treaty that would be an example of progress in a world racked by conflict.”
“I remain optimistic and hope that our reasonable proposals, or a derivation of them, can be made to work for all parties.”
But in Madrid on Wednesday, Mr Albares insisted it was for the UK and Gibraltar to decide whether to accept the EU/Spain proposal.
He was speaking during a press conference after meeting Campo mayors and senior officials from the Junta de Andalucia to update them on the treaty negotiation.
Mr Albares was asked about the impact at the Gibraltar border of the EU’s Entry/Exit System [EES], which will automate immigration controls at external borders across the EU and is due to come into force on November 10.
“What we propose and offer in the agreement, because we believe it is also the most beneficial for the Campo de Gibraltar, is the inclusion of Gibraltar within the Schengen area, with freedom of movement and the usual controls," he said.
“But it is up to the United Kingdom to decide if they prefer that or if, from November 10, they want to go with this system.”
Under the EES, non-EU nationals entering the bloc from a non-EU country – including Gibraltar – will first need to register fingerprints and a facial scan with their passport details.
That registration will be valid for three years and the biometric details will be used to conduct automated immigration checks every time travellers enter the Schengen area, irrespective of the length of their stay.
Schengen rules mean non-EU citizens including British nationals can only stay in the EU 90 days in any 180-day period before requiring a visa, something that Gibraltar red ID card holders have so far avoided.
“I hope that the agreement is accepted by the UK before that day,” Mr Albares told reporters.
“If not, it would not affect Spaniards or Schengen area citizens, who will continue to enter and exit normally.”
“What it implies is that, going forward, there will be machines where residents of Gibraltar will need to place their passports when they want to enter the Schengen area, allowing them to stay for up to 90 days in any 180-day period.”
“No physical person will be needed to check the passport; you simply place the passport on the machine, and the machine will open and allow entry for up to 90 days in any 180-day period.”
“This is not something imposed by Spain but applies to the entire Schengen area. It has nothing to do with the Gibraltar agreement but is coming into force for the entire Schengen area.”
And he added: “What we propose and offer in the agreement, because we believe it is also the most beneficial for the Campo de Gibraltar, is the inclusion of Gibraltar within the Schengen area, with freedom of movement and the usual controls.”
“But it is up to the United Kingdom to decide if they prefer that or if, from November 10, they want to go with this system.”
Mr Albares was speaking two days after Mr Picardo told the United Nations Fourth Committee that the UK and Gibraltar had proposed “balanced, imaginative and sovereignty neutral solutions” to get the agreement over the line.
“But it is now a matter for the Spanish authorities, as part of the EU negotiating team, to decide whether they want to accept these imaginative and balanced solutions which will help us all to reach the final arrangements we are keen to deliver,” Mr Picardo said at the time.
“Our offer is fair and balanced.”
Mr Albares would not be drawn to comment directly on Mr Picardo’s statement to the UN but said: “Simply put, there is a proposal on the table from Spain and the EU, as we have been speaking with one voice for many months.”
“This is a generous, balanced agreement that allows Gibraltarians and Campo de Gibraltar residents to have freedom of movement for people and goods, enabling coexistence and legally formalising the current coexistence between those in Gibraltar and Campo de Gibraltar.”
“We have been as flexible as possible, and we see no real obstacle to carrying it out.”
Mr Albares said that since the last high-level political round in Brussels last month, negotiators had continued to make progress toward an agreement “that will bring trust, legal certainty, stability, and quality of life” to everyone in the region.
“Spain is fully committed to reaching this comprehensive, balanced, and pragmatic agreement that we have proposed for some time,” he said.
“This agreement is built on specific issues like the freedom of movement for people and goods, the physical removal of the border fence, the use of the airport, all while not renouncing our sovereignty positions.”
Mr Albares noted that the negotiation had been under way for several years and that he was the fourth Spanish Minister for Foreign Affairs to be involved in the talks.
“It is time for the United Kingdom to say yes to an agreement that is balanced, generous, and has been on the table for some time,” he said.
La Linea mayor Juan Franco said it was positive that negotiators were still trying to reach agreement but added: “Everything is still up in the air and there are still loose ends that have yet to be resolved”.
And he expressed concern about the biometric controls set to come into operation on November 10 and the disruption they could cause at the border, at least in the early stages of implementation.
He was worried too that Gibraltar non-EU residents would be limited to 90 days in any 180-day period inside the Schengen area, “which could have significant repercussions on our economy and the services we provide”.
“We hope that progress continues on this issue that concerns us so much and that, soon, we will have the long-awaited agreement that will finally clarify the situation we are experiencing,” he said.
Senior Partido Popular Junta official Antonio Sanz called on the Spanish Government to prepare an alternative plan for the Campo in the event there was no deal, and said Madrid must be “much more ambitious” in its treaty demands in areas such as taxation and the environment.
"We cannot abandon the people of Campo de Gibraltar if there is no agreement, because instead of shared prosperity, as the minister says, if these issues are not resolved, we would be talking about shared inequality, and that is something we cannot agree with,” Mr Sanz said.
He said the Junta wanted an agreement, “but not just any agreement”, complaining too about what he said was the absence of detailed information on the substance of the negotiation.
PSOE MP and mayor of San Roque, Juan Carlos Ruiz Boix, urged negotiators to take “courageous” steps in pursuit of an agreement.
“Decisions that, in this case, require courage, forward-thinking and innovation, to venture into uncharted territory, where there is no border fence and there is complete and fluid communication,” he said.