SHARE
COPY LINK

EUROPEAN UNION

Wary EU to watch Spain–Gibraltar border

The European Commission said on Tuesday it would send a team of monitors to the Spain-Gibraltar border in the face of the ongoing row between the two neighbours.

Wary EU to watch Spain–Gibraltar border
The EU will start monitoring Spain–Morocco border controls in September or October. Marcos Moreno/AFP

Spain defended its "irrevocable" right to carry out checks at its border with the tiny British outpost of Gibraltar in a meeting on Tuesday with Britain's ambassador to Spain, a foreign ministry spokesman said.

Gibraltar had accused Spain of deliberately holding up cars entering the territory by searching every vehicle and creating delays of up to six hours during the last weekend in July.

Gibraltar argued that the heightened border checks were in retaliation over its decision to build a concrete artificial reef in surrounding waters, a move the territory says is aimed at stopping alleged incursions by Spanish fishing boats around the territory which Madrid claims as its own.

Read the Local's List of ten things you didn't know about Gibraltar.

Tiny Gibraltar, just 6.8 square kilometres (2.6 square miles) and home to about 30,000 people, overlooks the only entrance to the Mediterranean Sea from the Atlantic Ocean.

Tensions rose further over the weekend when Spanish Foreign Minister Jose Manuel Garcia-Margallo suggested that Madrid could introduce a €50 ($66) charge to cross the Gibraltar border in either direction.

The money raised from the new charge could be used to help Spanish fisherman who will suffer from Gibraltar's new reef, the minister said in an interview published in the Spanish newspaper ABC.

Spain's secretary of state for foreign affairs, Gonzalo de Benito, told Britain's ambassador, Gilles Paxman, at their meeting that border checks were needed since Gibraltar is not part of the Schengen area — the passport-free zone of some mainland European countries with open borders.

"He explained that Gibraltar is not part of the Schengen area. It is therefore obliged to carry out border controls. They are irrevocable. They are necessary in an area where there is a lot of smuggling," the foreign ministry spokesman said.

De Benito also told the British diplomat that the Spanish government "would continue to take all necessary measures to defend Spanish interests", the spokesman added.

Britain has held Gibraltar since 1713 but Spain wants it returned and refuses to recognize British sovereignty over the waters off the land known as "the Rock".

The European Commission said Tuesday it would send a team of monitors to the Spain-Gibraltar border to ensure that the controls are applied "proportionately".

The mission however will not take place until September or October, European Commission spokesman Frederic Vincent said.

The Spanish government's delegate in the southern Spanish region of Andalusia which borders Gibraltar, Carmen Crespo, said the border checks were "proportionate" due to the sharp rise in cigarette smuggling between Gibraltar and Spain.

The amount of cigarettes smuggled between the territory and Spain, where they are slapped with higher taxes, has soared by 213 percent between 2010 and 2012.

Spanish Prime Minister Mariano Rajoy's conservative government "is open to permanent dialogue with Britain to resolve pending questions," she added.

On Tuesday, Gibraltar said it was planning a legal challenge against Madrid over the queues at the Spain–Gibraltar border.

Joseph García, deputy first minister of the British colony told the UK's Guardian newspaper that Gibraltar was now compiling data about Spanish border operations.

"We are collecting individual complaints in case we need to take action on the basis that an individual's rights have been infringed. The Spanish actions at the border are totally inhumane," García told the UK daily.

Former Socialist foreign minister Trinidad Jimenez said it would be a "clumsy mistake" for the government to try to distract attention from a corruption scandal rocking the ruling Popular Party by stoking a row with Gibraltar.

"On various occasions we have seen how certain issues are used to distract attention from other issues," she said.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

BREXIT

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

The EU has drawn up plans to make it easier for non-EU citizens to gain longterm EU residency so they can move more easily around the bloc, but Italy-based citizens' rights campaigner Clarissa Killwick says Brits who moved to the EU before Brexit are already losing out.

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

With all the talk about the EU long-term residency permit and the proposed improvements there is no mention that UK citizens who are Withdrawal Agreement “beneficiaries” are currently being left out in the cold.

The European Commission has stated that we can hold multiple statuses including the EU long-term permit (Under a little-known EU law, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years) but in reality it is just not happening.

This effectively leaves Brits locked into their host countries while other third country nationals can enjoy some mobility rights. As yet, in Italy, it is literally a question of the computer saying no if someone tries to apply.

The lack of access to the EU long-term permit to pre-Brexit Brits is an EU-wide issue and has been flagged up to the European Commission but progress is very slow.

READ ALSO: EU government settle on rules for how non-EU citizens could move around Europe

My guess is that few UK nationals who already have permanent residency status under the Withdrawal Agreement are even aware of the extra mobility rights they could have with the EU long-term residency permit – or do not even realise they are two different things.

Perhaps there won’t be very large numbers clamouring for it but it is nothing short of discrimination not to make it accessible to British people who’ve built their lives in the EU.

They may have lost their status as EU citizens but nothing has changed concerning the contributions they make, both economically and socially.

An example of how Withdrawal Agreement Brits in Italy are losing out

My son, who has lived almost his whole life here, wanted to study in the Netherlands to improve his employment prospects.

Dutch universities grant home fees rather than international fees to holders of an EU long-term permit. The difference in fees for a Master’s, for example, is an eye-watering €18,000. He went through the application process, collecting the requisite documents, making the payments and waited many months for an appointment at the “questura”, (local immigration office).

On the day, it took some persuading before they agreed he should be able to apply but then the whole thing was stymied because the national computer system would not accept a UK national. I am in no doubt, incidentally, that had he been successful he would have had to hand in his WA  “carta di soggiorno”.

This was back in February 2022 and nothing has budged since then. In the meantime, it is a question of pay up or give up for any students in the same boat as my son. There is, in fact, a very high take up of the EU long-term permit in Italy so my son’s non-EU contemporaries do not face this barrier.

Long-term permit: The EU’s plan to make freedom of movement easier for non- EU nationals 

Completing his studies was stalled by a year until finally his Italian citizenship came through after waiting over 5 years.  I also meet working adults in Italy with the EU long-term permit who use it for work purposes, such as in Belgium and Germany, and for family reunification.  

Withdrawal agreement card should double up as EU long-term residency permit

A statement that Withdrawal Agreement beneficiaries should be able to hold multiple statuses is not that easy to find. You have to scroll quite far down the page on the European Commission’s website to find a link to an explanatory document. It has been languishing there since March 2022 but so far not proved very useful.

It has been pointed out to the Commission that the document needs to be multilingual not just in English and “branded” as an official communication from the Commission so it can be used as a stand-alone. But having an official document you can wave at the immigration authorities is going to get you nowhere if Member State governments haven’t acknowledged that WA beneficiaries can hold multiple statuses and issue clear guidance and make sure systems are modified accordingly.

I can appreciate this is no mean feat in countries where they do not usually allow multiple statuses or, even if they do, issue more than one residency card. Of course, other statuses we should be able to hold are not confined to EU long-term residency, they should include the EU Blue Card, dual nationality, family member of an EU citizen…

Personally, I do think people should be up in arms about this. The UK and EU negotiated an agreement which not only removed our freedom of movement as EU citizens, it also failed to automatically give us equal mobility rights to other third country nationals. We are now neither one thing nor the other.

It would seem the only favour the Withdrawal Agreement did us was we didn’t have to go out and come back in again! Brits who follow us, fortunate enough to get a visa, may well pip us at the post being able to apply for EU long-term residency as clearly defined non-EU citizens.

I have been bringing this issue to the attention of the embassy in Rome, FCDO and the European Commission for three years now. I hope we will see some movement soon.

Finally, there should be no dragging of heels assuming we will all take citizenship of our host countries. Actually, we shouldn’t have to, my son was fortunate, even though it took a long time. Others may not meet the requirements or wish to give up their UK citizenship in countries which do not permit dual nationality.  

Bureaucratic challenges may seem almost insurmountable but why not simply allow our Withdrawal Agreement permanent card to double up as the EU long-term residency permit.

Clarissa Killwick,

Since 2016, Clarissa has been a citizens’ rights campaigner and advocate with the pan-European group, Brexpats – Hear Our Voice.
She is co-founder and co-admin of the FB group in Italy, Beyond Brexit – UK citizens in Italy.

SHOW COMMENTS