We hear from Spain now what the primary, and seemingly insurmountable, hurdles are to a Gibexit treaty between the EU/Spain and the UK governing Gibraltar’s status within the EU engaging freedom of movement of persons and goods.
If those obstacles reflect the reality of where the talks lie, the chances of a treaty coming about are microscopic.
There seem to be two mountains to climb. The first is the presence of uniformed Spanish Policia Nacional in Gibraltar at entry points with uniformed Frontex agents taking a subsidiary role. The second is that those Spanish police officers and Frontex officers would be armed.
SPANISH GOVERNMENT DISCLOSURES
The disclosures were made by the Spanish Government.
They say, “The Policia Nacional must carry out border controls. If Frontex agents are present their role should be to support and complement the Policia Nacional… the responsibility for conducting border inspections lies with the Policia Nacional with Frontex serving an auxiliary function.”
Those “border controls” are extensive. They include conducting more thorough out of sight checks, total freedom of movement by officers throughout the border area, the ability to refuse entry, and to deal with international protection orders, and more.
BORDERS CODE
The Spanish Government position has it upside down.
“Spain is required to comply with the Schengen acquis, so border inspections will be conducted in accordance with the Schengen Borders Code and must be carried out under identical conditions in land borders, airports and ports.”
Surely the entire Gibexit negotiation is about the application in Gibraltar of the Schengen Borders Code, so compliance with it is a given. The negotiation is not about what is required from Spain within Gibraltar.
Laughably the Spanish Government disclosures refers to “land borders”. In Gibraltar that border would have been eliminated if a Gibexit treaty is agreed, so there isn’t one.
The implementation in the Schengen area of the Entry Exit System changes none of that.
NEW YEARS EVE DECLARATION
All that said the New Year’s Eve Declaration 2019 did stipulate “… that Spain as the neighbouring Schengen Member State will be responsible as regards the European Union for the implementation of the relevant parts of the Schengen acquis including the Schengen Borders Code and the protection of the Schengen external border.”
On goods, the Declaration provides for the application of “… substantially the same duties and trade policy measures as the EU. the relevant EU customs, excise and VAT
The Declaration includes substantially more detail.
TALKS CONTINUE
It is difficult to understand the basis of the optimism being expressed by all sides considering those recent disclosures by Spain. There may be progress in many areas, but the disagreement goes to the very foundation of the ability to reach agreement.
However, the UK and Gibraltar must not be seen to walk away from the negotiating table. They must persist in the effort to see a way through however foggy the path may be.
It is for Spain/EU to walk away and need to explain the resultant pain and suffering to the 300,000 inhabitants of the Campo de Gibraltar.
The reaction to the effects of there being no Gibexit treaty will be violent in the Campo de Gibraltar. The suffering caused by Spain’s government to its own nationals deep and long-lasting.
Llanito World 