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Spain threatens Brexit summit as May heads to Brussels

Preparations for a summit to endorse Britain's deal to quit the European Union risked running aground on the rock of Gibraltar on Friday, as Spain defended its veto over the fate of the tiny territory.

Spain threatens Brexit summit as May heads to Brussels
The border between Gibraltar and Spain is still a sticking point. Photo: Jorge Guerrero/AFP
Britain's Prime Minister Theresa May and leaders of the other 27 EU member states are to meet Sunday to approve their divorce agreement and set a course for negotiating their future post-Brexit relationship.
   
But Spanish officials emerged from talks on Friday warning that Prime Minister Pedro Sanchez might not attend if London does not put in writing a promise that no future accord on EU relations involving Gibraltar will be signed without Madrid's specific assent.
   
“We have demanded that it be published by the British authorities before the European Council on Sunday,” Luis Marco Aguiriano Nalda, state secretary for European affairs, told reporters in Brussels.
   
Both British and EU negotiators said that the withdrawal agreement itself would not change at this stage, but in London a spokesman for Number 10 had earlier said: “We will work with the governments of Gibraltar and Spain on our future relationship.”
   
It was not immediately clear if this promise would be enough to shift the logjam. In legal terms, Spain's disapproval would not halt the divorce settlement, but would embarrass EU leaders keen to show that the 27 remain 
united despite Brexit tensions.
   
And, as Aguiriano noted, any final relationship negotiated between London and Brussels after Brexit day on March 29 would eventually have to be approved by all remaining member states — giving Spain a de facto veto further down the line.
   
May is due in Brussels on Saturday to see EU Commission president Jean-Claude Juncker, but diplomats told AFP that no more substantive negotiations would take place and that Sunday's summit would simply see 
leaders sign off on the fruit of 17 months of dialogue.
   
A European diplomat told AFP that Gibraltar had been the sole remaining bone of contention in the meeting of so-called “diplomatic sherpas” — who guide their national leaders to the summit.
   
But he said that when the minutes of Sunday's meeting are read out they will include language stressing the importance of Britain maintaining a level-playing field in trade rules during the post-Brexit transition and on 
fishing rights.
   
And the summit would make it clear that the European Council, which represents member states, would take the lead over the Commission in negotiating future ties — another measure that will ensure Madrid that its voice will be heard before any final settlement is reached.
 
Parliamentary challenge
 
After that, May will have to sell the deal to the British Parliament, an even greater political challenge.
   
May refused to say whether she would resign if parliament eventually votes down the legal divorce agreement that the EU is set to endorse on Sunday, alongside a shorter political framework to guide talks on future ties.
   
“This isn't about me… I am focused on ensuring we get this deal,” she said during a call-in show on BBC radio, adding that she would be touring “up and down” Britain to explain the agreement.
   
“If this deal does not go through, we are back at square one. What we end up with is more division and more uncertainty,” she said.   
 
May, who voted to stay in Europe in the 2016 referendum, also dismissed calls for a second vote — but then refused to say whether her deal was preferable to remaining in the bloc.
   
Instead, she said Britain could build a “better future” for itself outside the European Union.

TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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