Yesterday, Sir Joseph Bossano replied to my Gibraltar Chronicle letter published on the 12th June (see blog of 12th June where that letter is reproduced) on the following terms:
BOSSANO’S LETTER
“FRONTEX COMPROMISE
I note that my good friend Robert Vasquez reproduced some quotes from the “NON-BINDING” 2020 (not 2019) end of year framework for a possible Schengen access treaty,
This was approved by cabinet on the clear understanding that it would result in the use of Frontex to deliver the obligations of Spain under Schengen law to control entry into the Schengen area.
The Schengen entry points are all controlled throughout Europe by Schengen Member States there is no alternative.
The use of Frontex to deliver this control in Gibraltar on Spain’s behalf was a compromise to meet our refusal in having Spanish officials in Gibraltar.
It would be nonsense for us to accept that Spanish officials should be working in our terminals but require the Frontex officials should be there to support them.
If having a Spanish presence in the airport were acceptable, which it is not, there would be no need for an implementation period of four years.
At the end of the four years, I am convinced, Spain would insist on Frontex being replaced by Spanish officials, and we would exercise the option to terminate the Treaty and have the same relations with Schengen and the EU in the future as the UK now has in terms of travelling in and out of Schengen.
The statement made by Spain’s Foreign Secretary in January 2021 reflected this position.”
SOME OBSERVATIONS
One thing is the understanding (note it is an ‘understanding’) on which any approval was given, another is the reality of what the New Year’s Eve Framework [Framework] says.
It may be that the Framework is “NON-BINDING” but it does set the parameters of any discussion that may lead to a Gibexit treaty.
Surely, that aspect is “BINDING” otherwise the participants to the negotiation have no parameters and so no base for discussion, for example the right to terminate the Treaty would not be included.
It is noteworthy also that Sir Joe admits that the use of Frontex was a ‘compromise’. Is that BINDING on the EU/Spain?
He also clearly admits that Frontex will “deliver the obligations of Spain…”, “The use of Frontex to deliver this control in Gibraltar on Spain’s behalf” and that it is “Schengen law” that will be imposed.
What will be applied by Spain, if there is a Gibexit treaty, is clearly EU law. Who applies it is a distraction and irrelevance., but there is no doubting that, under the Framework, it is Spain who directs on behalf of the EU, whoever might be physically present to impose EU requirements.
Today my reply has been published in the Chronicle and appears below. I believe that it explains the position as it is in the real world.
I leave it to readers to understand that position but invite them to read the actual New Year’s Eve Declaration 2020.
MY LETTER
“GSLP-LIBERAL GIBEXIT COMPROMISE
My dear friend, Sir Joe Bossano’s, reply to my letter, in yesterday’s edition, fails to grasp the point. It was a pleasure to see and talk to him also yesterday evening during the Garden Party at the Convent.
What should make the New Year’s Eve Declaration, and any Gibexit treaty that flows from it, acceptable is not the issue of ‘boots’, or even ‘loafers, chanclas, clogs, or zapatillas on the ground’.
It is rather that what will govern, be accepted, and applied is EU (not Spanish) volunteered ‘sovereignty, jurisdiction, and control’ over matters defined in any such treaty. As a Europhile, I agree with that.
Seemingly, Sir Joe also agrees.
First, he concedes that all Schengen entry points are controlled by Schengen Member States, as there is no alternative. Gibraltar is not and will never be a separate Schengen Member State.
Further that agreement is reinforced by the GSLP-Liberal Government, including Sir Joe, having agreed, in the New Year’s Eve Declaration, that EU engagement comes via Spain, irrespective of Frontex assistance in the form of ‘boots on the ground’.
The Gibexit treaty aims to apply EU law, including the Schengen acquis, to Gibraltar. Any dilution of ‘sovereignty, jurisdiction, and control’ is volunteered to the EU, not to Spain, or to humans on the ground applying those laws/rules under the supervision of courts of law.
Sir Joe’s argument is simply a procedural distraction from reality and what is substantive in the New Year’s Eve Declaration. It may be ‘non-binding’ but it defines the parameters of what is being negotiated.”
Llanito World 