Spain, the United Kingdom and the European Commission reach a « political agreement » on Gibraltar’s relations with the EU | Spain

Spain, the United Kingdom and the European Commission have reached a « political agreement on the fundamental aspects » of Gibraltar’s future relations with the European Union after Brexit. The pact has closed at the meeting that the Foreign Ministers of the United Kingdom and Spain, David Lammy and José Manuel Albares have held on Wednesday, with Commissioner Maros Sefcovic, responsible for negotiation by the European Commission, and the main minister of the Rock, Fabian Picardo. The pact, which includes all the points that were still pending, from the passenger controls at the airport to taxes, will mean the demolition of the fence that separates the line from the conception (Cádiz) from the rock and the elimination of all controls on people and goods. In the next few days the legally binding text will be finalized in which this political agreement will be reflected. Gibraltar’s relationship with the EU was The last pending fringe after the United Kingdom’s exit from the EUafter London and Brussels agreed at a bilateral summit on May 19 the framework of their future relations.

The joint statement explains that “a definitive political agreement on the fundamental aspects of the future agreement between the EU and the United Kingdom in relation to Gibraltar”, which “safeguard the respective legal positions” of Madrid and London “in matters of sovereignty and jurisdiction”, which affects both the rock and the ITSMO and the waters that surround it. « 

After ensuring that the main objective of the future treaty « is to guarantee the prosperity » of the rock and the field of Gibraltar, announces that « all physical barriers, checks and controls on the people and goods that circulate between Spain and Gibraltar will be eliminated, preserving at the same time the Schengen space (the European space without borders) the single market of the EU and the customs union. » These measures, he says, will bring « trust, legal certainty and well -being to the inhabitants of the entire region, promoting shared prosperity and narrow and constructive relations between the Gibraltar and Spanish authorities. »

Specifically, he explains, the parties have agreed to “establish dual border controls (DE) Gibraltar and Schengen in the port and the Gibraltar airport, which will be carried out through full cooperation between the authorities of the EU and the United Kingdom/Gibraltar, suppressing all the controls in the border crossing between Gibraltar and the line”. On the part of the EU, the text adds, « Spain will carry out the complete Schengen controls. » While by the United Kingdom, « the complete Gibraltar controls will continue to be carried out as until now. »

This means that passengers who arrive at the port and Gibraltar airport must pass a double control: from the Gibraltareña and Spanish police. The text does not mention the presence of Frontex, the EU border agency, to which in the initial pact between Spain and the United Kingdom of 2020, it was pleaded to ask for support during a transitory period. The pact also includes an agreement on visas and permits and compromises “close cooperation between the police and judicial authorities” of Spain and Gibraltar.

The Pact consecrates a « future customs union between the EU and Gibraltar, maintaining close collaboration between the respective customs authorities and eliminating merchandise controls, » according to the note. « An agreement has also been reached on the principles of indirect imposition that will be applied in Gibraltar, including tobacco »; that « will avoid distortions and contribute to the prosperity of the entire region. »

The statement underlines that the agreement includes “equal commitments of conditions on state aid, tax, work, environment, trade and sustainable development, fight against money laundering and transport; including airport; the rights of cross -border workers and social security coordination”. It also includes « specific cooperation in environmental matters » and « creation of an appropriate financial mechanism to promote cohesion and support training and employment in the region. »

Once the political pact is achieved, the text concludes, the negotiating teams must finalize “the complete legal text” and execute the respective internal legal procedures for its signature and ratification.

« It has been long, hard and very difficult, but if everything goes as planned, it will be worth it and it will be a very good agreement, » sources from the European Commission were advanced early in the morning. The last tripartite event about Gibraltar was held in Brussels last September, although SEFCOVIC held bilateral meetings last May with the heads of Spanish and British diplomacy and at no time have the contacts and exchange of technical documents between the parties be interrupted. After almost three and a half years of negotiation (the first formal round was held in February 2022), one of the last pitfalls has been the tax regime of Gibraltar, to prevent goods and products from the colony from making unfair competition in the EU Single Market.

According to community sources, the method of application of Schengen controls – the European space without borders – at the Peñón Airport, a chapter in theory already agreed, has also been reopened in recent days. The negotiators had agreed that they are Spanish and Gibraltareños police who carry out the controls, although the ultimate responsibility of entering the Schengen space will correspond in any case to Spain, thus regardless of the services of the European Border Agency (Frontex), which initially decided to request support for a transition period.

The head of the Foreign Office has traveled to Brussels from Gibraltar, where he met Wednesday with the Gibraltareño government to finalize the “final parameters” of the agreement, in the words of the main minister Gibraltarño. « The time has come to try to finish the arrangements for a lasting and stable relationship between Gibraltar and the EU-Spain that is safe and beneficial and protects our citizens and gives certainty to cross-border workers with a view to bringing more prosperity to all in our part of the world, » said Picardo. According to data last May, in Gibraltar there are 15,225 cross -border workers, of which 10,500 are Spanish.

« This Government (British) inherited a situation of the previous executive that placed Gibraltar’s economy and way of life. The British Secretary of State for Europe and North America, Stephen Doughty, also attended the meeting with the Picardo cabinet.

After several previous fiascos – negotiation was reopened when it seemed about to close – sources from the Spanish Ministry of Foreign Affairs have been very prudent, just pointing out that the objective of this Wednesday’s appointment « is to advance as much as you can and close the agreement as soon as possible. »

The meeting in Brussels was preceded on Tuesday by the European Commission’s decision to propose the withdrawal of Gibraltar of the so-called “Anti-Blanqueo of EU capital”, which has been received with satisfaction by the Peñón government. Throughout the negotiation, Picardo has also demanded that Spain take out the colony of its own list of non -cooperative jurisdictions or tax havens, but the Ministry of Finance has not yet done so, to irritation of the Gibraltar authorities.