Spain and VK reach ‘Historical Agreement’: Gibraltar becomes part of Schengenzone

After more than nine years of negotiation, Spain and the United Kingdom finally agree on the future of Gibraltar. In Brussels, a historical agreement on the piece of British land in southern Spain was finished on Wednesday. « This agreement marks the stability between all parties and underlines a new relationship between the EU and the UK since the Brexit, » said Spanish minister José Manuel Albares after signing. Gibraltar, Fabian Picardo, and the British Foreign Minister, David Lammy, spoke of a historical agreement and emphasize that the agreements offer economic security and guarantee sovereignty.

The conversations about the fate of the ‘Rock’ started shortly after the Brexit referendum in 2016, but dragged itself for years through the political sensitivity of Gibraltar, which has been a twisted stone between Spain and the UK for centuries. Gibraltar is British overseas area that also claims Spain. Gibraltar may be British, but formally not part of the United Kingdom. It has its own government; Foreign relations and defense fall under the responsibility of the UK.

This week the Ministers Albares, his British official Lammy and Gibraltar’s government leader Picardo met in Brussels with EU commissioner Maros Sefcovic to smooth out the last folds.

With this breakthrough, the parties hope for a final deal that keeps the border between Gibraltar and Spain open, relaxing the mobility of people and goods and has to bring economic stability to both sides of the border.

1. Why does it take so long to reach an agreement?

One of the biggest stumbling blocks was the issue of control and sovereignty. Spain wanted to station Spanish border police at the airport and in the port of Gibraltar. For the UK that was unacceptable because it would feel like an infringement of their self -government and British sovereignty.

In addition, political sensitivity also played a role. In both the United Kingdom and in Spain there is political pressure from conservative parties that are afraid that an agreement will hand over too much national control. That is why every step in the process had to be carefully coordinated.

And then there was the complexity of the Brexit itself. Gibraltar was part of the EU before the Brexit, but already fell under special rules. Gibraltar fell outside the customs union and EU rules for VAT and excise duties. At the same time, the free movement of people, which gave thousands of Spanish front workers access to the area every day. After the Brexit, all kinds of agreements about travel, trade, safety and border management had to be redesigned.

2. What makes Gibraltar’s status politically sensitive?

Since the United Kingdom conquered the area in 1704 and it was officially received in 1713 through the Treaty of Utrecht, which put an end to all wars, it remained a battle. Spain never let go that Gibraltar should ever return under Spanish authority. For many Spaniards it is a matter of national pride, while for the UK and the Gibraltarans themselves are all about democratic self -determination.

In a referendum in 2002, the population voted with overwhelming majority before the preservation of British status. In practice, these political tensions regularly provide friction at the border. Spain often uses the border as a means of pressure by, for example, carrying out additional checks, creating huge traffic jams.

Brexit focused the situation again. The population of Gibraltar voted in 2016 in a large majority before EU membership, but still had to get out of the EU with the UK. This led to a legal and practical vacuum: who manages the border? Who checks the airport? Spain saw an opportunity to again claim influence on Gibraltar, which saw the VK and Gibraltar itself again as threatening for their sovereignty.

3. What has it been agreed in concrete terms?

Gibraltar continues to fall under British sovereignty. The most important part of the deal is that Gibraltar joins the Schengen zone. That is the European area within which free movement of people is possible, without border controls between countries. Because of this step, the boundary between Gibraltar and Spain remains open in practice and around 15,000 Spanish front workers can commit to their work in Gibraltar without any problems. Gibraltarans could also travel free to Spain again, as they were used to before the Brexit.

The downside is that British travelers will soon have to go through a double border control at the airport: along both Gibraltaresis and Spanish officials. For goods, a special customs model applies that prevents heavy controls on the national border, so that trade can continue to run smoothly. Furthermore, the UK retains full military autonomy in Gibraltar, a strategically important location for regional safety.

4. Does this mean that Spain and the United Kingdom can bury the battle ax?

« How final is this agreement? » was the first question asked during the press conference. In the past there have already been several unsuccessful attempts to conclude an agreement. But this time it is different according to the negotiators. « This agreement is there for all parties, so this time it will succeed, » said EU Commissioner Sefcovic.

Spain and the United Kingdom have shaken each other’s hand, but the British Parliament still has to vote on it and therefore has the last word. The conservatives already criticized the agreements made by the Labor government. Lower House member Suella Braverman, former Minister of the Interior, said in The Daily Telegraph: « Another surrender. This government consistently undermines Great Britain and is absolutely unforgivable. The Falkland Islands are the following. »

With the cooperation of Annemarie Kas

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