Treaty text expected today, as CM says agreement ‘not an imposition’ on Gib 

Gibraltar’s involvement in the UK/EU treaty for the Rock’s post-Brexit future with the bloc was key to its successful conclusion, Chief Minister Fabian Picardo told a House of Lords committee on Wednesday, amid wide expectation that the long-awaited legal text of the deal will be published today [Thursday February 26]. 

The agreement, the Chief Minister said, was not “an imposition on us in any way”, adding Gibraltar had played a central role throughout the negotiation. 

Mr Picardo was speaking as some Spanish media reported on the contents of a leaked copy of the agreement, although they did not publish the text itself.  

The reports, first in El Confidencial and later in Europa Sur, set out key chapters of the treaty relating to free movement and trade, among others, though what they described largely reflected details already made public in recent months by the Gibraltar Government. 

Mr Picardo was addressing the House of Lords Constitution Committee, which is conducting of a review of the UK-Overseas Territories Joint Declaration made after the recent joint ministerial council in London. 

The committee’s remit does not stretch to scrutiny of the Gibraltar agreement but the issue was touched upon as the committee heard evidence from OT representatives, including Mr Picardo, on the main challenges facing the territories. 

But Mr Picardo referred to the treaty alongside other challenges including implementation of the recommendations of the Openshaw Report – he made no reference to its findings – and perennial issues such as housing. 

Mr Picardo said the agreement would be published by the EU, the UK Government and the Gibraltar Government “in coming days”, reflecting a reluctance by all parties to avoid setting a day and time should this change for whatever reason. 

Both the Spanish and Gibraltar governments had previously said publication would be this week and, while there has been no official confirmation on timings, the treaty is expected to be published today. 

Mr Picardo said too that the Gibraltar Government, once the text is published, would table a motion in Parliament and debate it, calling on the UK Government to ratify the treaty through the Constitutional Reform Act process, under which the text would be laid and debated in both chambers of the UK Parliament. 

Given the committee is considering the practical effectiveness of relations between the UK and its OTs, Mr Picardo was asked whether anything could be learnt from the treaty negotiation. 

“I think that the key factor in succeeding in the negotiations with the European Union has been that these negotiations have been run for Gibraltar by Gibraltar, alongside and hand in glove in partnership with successive administrations of His Majesty's Government in the United Kingdom,” the Chief Minister replied. 

“So if I could give you an example which may be helpful, arrangements entered into by the United Kingdom over the heads of the Gibraltarians - for example, the 1987 Airport Agreement, or the 1984 Brussels Agreement - those found themselves not succeeding and, in fact, they have been in a political ditch since the year that they were entered into because the Gibraltarians did not fall part of the process.” 

“This process is a different one. It has involved us wholly and fully in the negotiation.” 

He reflected on how Deputy Chief Minister Dr Joseph Garcia, who sat alongside him as he addressed the committee virtually, and Attorney General Michael Llamas, had led the political negotiations with him for Gibraltar, including participating in meetings with senior UK ministers and Commission officials in Brussels. 

“We have not found that this is an imposition on us in any way and therein lies the nature of success,” he added. 

SOVEREIGNTY 

The first leak of the document was in El Confidencial, whose coverage included a screen shot of the sovereignty clause in the treaty, which had been repeatedly flagged by the UK and Gibraltar governments as key to protecting UK sovereignty of the Rock. 

The clause, Article 2 in the treaty, effectively protects the core positions of the UK and Spain on the issue of sovereignty. 

It reads: “This Agreement, any supplementing agreements as referred to in Article 3, any administrative arrangements or other arrangements related to this Agreement, and any measures or instruments or conduct taken in application or as a result thereof, or pursuant thereto, shall be without prejudice to, and shall not otherwise affect the respective legal positions of the United Kingdom of Great Britain and Northern Ireland or of the Kingdom of Spain with regard to sovereignty and jurisdiction, and shall not constitute the basis for any assertion or denial of sovereignty including in legal proceedings or otherwise.” 

El Confidencial also reported other details, many already known, including the removal of immigration controls at the land border, replaced by dual Gibraltar and Schengen controls at the airport. 

In extensive coverage, Europa Sur also focused on many of the more contentious aspects of the agreement, which seeks to remove physical barriers to the movement of people and goods while maintaining the integrity of the Schengen area and the EU single market alongside fostering greater cooperation in areas such as law enforcement and allowing expanded use of the airport including EU flights. 

It said border controls would be conducted at the airport by Gibraltar and Spain in line with Gibraltar and Schengen legislation, with people arriving by sea to be processed at the airport. 

The system would allow Gibraltar residents free movement without internal controls with Schengen countries.  

According to Europa Sur, UK military personnel not resident in Gibraltar, and visiting forces such as those of the United States, would be exempt from Schengen controls, passports and visas, without this granting a right of residence.  

Instead, they would present military identification and movement orders, while the United Kingdom would inform Spain about their arrival and weaponry, and that the same facilities would apply to family members.  

The article added that military materiel intended for official use would be exempt from duties if entering under temporary admission, though subject to specific checks, and that transfers of equipment, weapons and military or dual-use technology would require prior authorisation from Spain alongside a system of supervision and tracking. 

The UK has insisted throughout that guaranteeing the “military autonomy” of its base in Gibraltar was a red line in the negotiation. 

On the airport, Europa Sur said the treaty included an aviation chapter that regulates air traffic rights, allowing flights between Gibraltar, the EU and the United Kingdom only by authorised airlines, as well as overflight and technical stopovers. 

It also referred to the creation of a joint Spanish-British company to oversee Gibraltar airport management, with the aim of ensuring security, efficiency and cross-border co-operation.  

The Gibraltar Government has previously said a 50/50 joint venture between Gibraltar and Spain will be created with the sole purpose of awarding a tender to an operating company that will run the air terminal. 

The joint venture will not own any assets – the terminal is owned by the Gibraltar Government and that will continue to be the case – and will be set up in Ireland, one of only three common-law jurisdictions in the EU, the others being Malta and Cyprus. 

On trade, the article flagged issues including the transaction tax and measures to safeguard against trade distortions.  

Europa Sur also reported that the treaty establishes a framework for judicial and police co-operation between the EU and the United Kingdom focused on organised crime, money laundering, the financing of terrorism and cross-border offences.  

It said this includes mutual assistance, information exchange on people and objects, joint police co-ordination in Gibraltar and the border area, and enforcement of criminal sanctions.  

The article added the treaty provides for the participation of Europol and Eurojust to facilitate data exchange, strategic reports, prevention methods and support in investigations, alongside the creation of liaison officers, prosecutors and magistrates, and that it will allow access to criminal records to improve prosecution and risk prevention. 

On the environment, Europa Sur said the treaty “barely addresses” issues it described as controversial, including land reclamation, bunkering and anchorage zones. 

Other chapters related to trade, cross-border workers’ rights and health cooperation, among others.