Wednesday 11 June was an historic day for Gibraltar, with the announcement that a political agreement had been reached regarding the British Overseas Territory’s future relationship with the European Union. This will form the basis for a treaty between the UK, acting on behalf of Gibraltar, and the EU.
For those who have been following the negotiations since Gibraltar, UK and Spain signed their preliminary agreement with just moments to spare on 31 December 2020, thereby saving Gibraltar – at least temporarily – from the drastic effects of a hard Brexit, this should have been a momentous occasion, but somehow the announcement seemed surprisingly low key.
The new deal had been long anticipated
Hearing that the deal was done wasn’t exactly a surprise. Statements in the days beforehand made it pretty obvious to all that it was on the cards. However, waking up on Wednesday to find UK Foreign Secretary David Lammy in Gibraltar and reading that he and the Gib negotiating team would all be flying off cosily to Brussels together, made it pretty clear that an announcement was imminent.
Speaking to the press, Lammy was matter-of-fact and Fabian Picardo, Gibraltar’s chief minister, looked subdued rather than euphoric. Mind you, that could have been exhaustion. As he said in an emotional social media post afterwards, “getting here has taken everything we had … it was also a test of endurance, judgement and resilience, set against some of the hardest years Gibraltar, and I, have ever known … at times the weight of it all has felt like too much”.
At home in Gibraltar, however, there certainly was excitement and euphoria, and Picardo returned to a rapturous welcome from well-wishers. Not everyone is happy about the future treaty, admittedly, but the majority see it as a very positive change in their lives.
There were celebrations, too, in the nearest area of Spain, the Campo de Gibraltar, home to most of the 15,000 workers who cross the border into Gibraltar every day and a region whose economy relies heavily on business from its neighbour. Confirmation of the deal was a huge relief to the mayors of those towns and villages, who spent years fearing that they were being ignored by Madrid and that their plight would not be taken into account.
It could still go wrong
Perhaps another explanation for the low-key announcement is that we’re not quite there yet; it could all still go wrong. The legal texts which will form the basis of the treaty are not expected until the autumn, and the content then has to be ratified by the EU, UK and Gibraltar. It should be noted that right now the Spanish government’s hold on power is particularly precarious. What would happen if there were a change of government in Spain? Right-wingers there are pretty angry about this deal, considering it a lost opportunity to regain sovereignty over Gibraltar and a betrayal of the Spanish people.
For the moment, though, let us believe that everything will go ahead and the treaty comes into effect a few days after ratification. How is Gibraltar going to benefit?
Goodbye to the land border
The most obvious difference will be the absence of controls at the land border. At present, anyone crossing from Spain to Gibraltar goes through a Spanish checkpoint first, because they are leaving the Schengen zone, and then through a second control in order to enter Gibraltar. When crossing back into Spain, they are checked by Spanish border guards before entering Schengen.
For arrivals at Gibraltar airport, passport checks are carried out by Gibraltar Borders and Coastguard Agency. Travellers who are heading for Spain then go the nearby land border to pass through the Schengen checkpoint.
So what will change?
Anyone who wants to walk or drive between Gibraltar and Spain will be able to do so with no ID checks whatsoever. The land border will become an open space.
For arrivals by air, the initial process will not change. Their passports will be checked by Gibraltarian officials, because Gibraltar will continue to control its own immigration.
Then the Schengen checks will be carried out, at what has been nicknamed the ‘Schengen Shack’ instead of at the land border. This will be an extension to the northern side of the airport, half in Gibraltar and half in Spain, run as a joint facility. It will be manned by Gibraltarian and Spanish officials, with the Spanish officers operating on behalf of the EU.
For arrivals by sea, which will be very few as cruise ship excursions are not counted as passenger traffic and the ferry to Morocco is to be discontinued, Gibraltarian officials will transport passengers to the Schengen Shack for the checks to be carried out. Spanish officers may, if they wish and consider it necessary, accompany the Gibraltar officials, but they will not be in uniform and will be unarmed.
Fluidity of movement, not freedom of movement
It is important to distinguish between fluidity of movement, which is what residents of Gibraltar will be enjoying, and freedom of movement. Gibraltar will not be part of Schengen; it will have a Common Travel Area with Schengen. This will enable residents to move freely between Gibraltar and Spain, with onward travel elsewhere in EU if required.
However, Gibraltarian residents will not have the right to establish themselves in a Schengen country with minimal formalities, as all British citizens could do before Brexit, when they were also EU citizens with the right to ‘freedom of movement’.
Gibraltar residents will, officially, be subject to the ‘90 days in any 180’ Schengen restriction, like everyone else. However, their situation will be exactly the same as for British citizens resident in a Schengen country: they are not subject to passport stamping or electronic measures, so it will be very difficult to determine how long they have been in the Schengen area. So the rule applies formally, but informally it is accepted that a Gibraltar residence card will mean the holder is exempt.
Timing of the political agreement
During these negotiations, there have been several changes of prime minister and foreign secretary in the UK, which probably caused some of the delays. There is speculation now that Labour put pressure on to conclude the deal as part of their policy of improving relations with the EU. We may never know whether or not this was the case – unless, of course, Fabian Picardo writes his memoirs once he has stepped down from political life. Now those could be a fascinating read.
