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GIBRALTAR

Spain and UK agree 11th-hour border deal for Gibraltar

Gibraltar will become part of Europe's passport-free zone to keep movement fluid on its border with Spain in a landmark deal reached just hours before Britain leaves the EU custom's union and single market, Spain's top diplomat said Thursday, December 31.

Spain and UK agree 11th-hour border deal for Gibraltar
Image: JORGE GUERRERO / AFP

Negotiators representing the governments in Madrid, London and Gibraltar have been working around the clock to ink a deal to avoid the creation of a new “hard border” between the tiny British territory and the European Union that would have caused huge disruption for travellers and businesses on both sides of the line.

“We have reached an initial agreement with the United Kingdom which will serve as the foundation for a future treaty between the European Union and the United Kingdom concerning Gibraltar,” Foreign Minister Arancha Gonzalez Laya told reporters in Madrid.

In a separate address, Gibraltar's Chief Minister Fabian Picardo said the deal set the stage for a treaty that would allow for “maximised and unrestricted mobility” of people and goods across the border.

“We're going to avert the worst effects of a hard Brexit,” he said of the deal which was finalised in “the early hours of this morning” describing it as “a proposed framework for a UK-European Union agreement or treaty on Gibraltar's future relationship with the EU”.

The deal was announced a week after Britain reached its own last-minute post-Brexit trade agreement with the EU although it did not cover Gibraltar, a tiny British territory on Spain's southern tip which is historically claimed by Madrid.

The agreement was hailed on Twitter by the Spanish and British prime ministers, with Spain's Pedro Sanchez saying it marked the start of “a new era” that would allow for “the removal of barriers”, while Britain's Boris Johnson “wholeheartedly” welcomed the deal, stressing the UK's commitment to “the protection of the interests of Gibraltar and its British sovereignty.”

Schengen at the border

Under terms of the agreement, Gibraltar would become a part of the Schengen zone with Spain acting as guarantor, Gonzalez Laya said. Schengen covers most of the 27 EU members, along with Norway, Iceland, Switzerland and Lichtenstein.

“With this (agreement), the fence is removed, Schengen is applied to Gibraltar… it allows for the lifting of controls between Gibraltar and Spain,” she said.

“Until the agreement comes into force, we will use the arrangements permitted under Schengen to relax controls at the border,” she said, indicating the UK and the EU were expected to sign the deal “within an estimated six months”.

Picardo said Spain would be responsible for managing the Schengen arrangement which would be implemented by Frontex, the agency charged with protecting the EU's external borders. “This will be managed by the introduction of a Frontex operation for the control of entry and exit points,” he said. The arrangement will be in place for an initial four-year period.

A desire to keep things flowing smoothly at the border explains why in 2016 nearly 96 percent of voters in Gibraltar backed staying in the EU, while in Britain proper the referendum vote was 52-48 percent in favour of leaving the bloc.

With a land area of just 6.8-square kilometres (2.6-square miles), Gibraltar is entirely dependent on imports to supply its 34,000 residents, a no-deal scenario would have slowed the cross-border movement of goods with new customs procedures.

Border fluidity is also key for some 15,000 people who cross into Gibraltar every day to work, accounting for half of the territory's workforce. Most are Spanish and live in the impoverished neighbouring area of La Linea.

'Good news' for workers

At the border, few workers had heard about the agreement but expressed relief a deal had been reached.

Ada Vazquez, a 32-year-old single mother who has been crossing the border to work for the past 14 years, told AFP it was “good news”. “This agreement is a relief for us,” said Vazquez who works in a chocolate shop. “I was afraid there would be long queues.”

Gibraltar also welcomes around 10 million visitors per year, mainly day-trippers who cross from Spain, drawn in part by the duty-free shopping.

For years, EU residents have only had to show their national identity documents at the border. Had there been no deal, they would have had to have their passports stamped sparking fears of long queues “lasting hours”.

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BRITONS IN SPAIN

FACT CHECK: Spain’s ‘£97 daily rule’ isn’t new nor a worry for British tourists

The British tabloids are at it again causing alarm over the so-called '£97 daily rule’ which Spain is apparently imposing on UK tourists, who in turn are threatening to ‘boycott’ the country. 

FACT CHECK: Spain's '£97 daily rule' isn't new nor a worry for British tourists

American playwright Eugene O’Neill once said: “There is no present or future – only the past, happening over and over again – now”.

In 2022, The Local Spain wrote a fact-checking article titled ‘Are UK tourists in Spain really being asked to prove €100 a day?, in which we dispelled the claims made in the British press about Spain’s alleged new rules for UK holidaymakers.

Two years on in 2024, the same eye-catching headlines are resurfacing in Blighty: “’Anti-British? Holiday elsewhere!’ Britons fume as tourists in Spain warned they may be subject to additional rules” in GB News, or “’They would be begging us to come back’: Brits vow to ‘boycott Spain’ over new £97 daily rule” in LBC.

The return of this rabble-rousing ‘news’ in the UK has coincided with calls within Spain to change the existing mass tourism model that’s now more than ever having an impact on the country’s housing crisis.

Even though Spaniards behind the protests have not singled out any foreign nationals as potential culprits, the UK tabloids have unsurprisingly capitalised on this and run headlines such as “Costa del Sol turns on British tourists”.

READ MORE: Why does hatred of tourists in Spain appear to be on the rise?

What is the so-called ‘£97 daily rule’?

Yes, there is theoretically a ‘£97 a day rule’, but it is not a new rule, nor one that applies only to UK nationals specifically, and not even one that Spain alone has imposed (all Schengen countries set their financial means threshold).

As non-EU nationals who are not from a Schengen Area country either (the United Kingdom never was in Schengen), British tourists entering Spain could have certain requirements with which to comply if asked by Spanish border officials.

Such requirements include a valid passport, proof of a return ticket, documents proving their purpose of entry into Spain, limits on the amount of time they can spend in Spain (the 90 out of 180 days Schengen rule), proof of accommodation, a letter of invitation if staying with friends or family (another controversial subject in the British press when it emerged) and yes, proof of sufficient financial means for the trip.

Third-country nationals who want to enter Spain in 2024 may need to prove they have at least €113,40 per day (around £97), with a minimum of €972 (around £830) per person regardless of the intended duration of the stay. It is unclear whether this could also possibly apply to minors.

The amount of financial means to prove has increased slightly in 2024 as it is linked to Spain’s minimum wage, which has also risen. 

Financial means can be accredited by presenting cash, traveller’s checks, credit cards accompanied by a bank account statement, an up-to-date bank book or any other means that proves the amount available as credit on a card or bank account.

Have Britons been prevented from entering Spain for not having enough money?

There is no evidence that UK holidaymakers have been prevented from entering Spain after not being able to show they have £97 a day to cover their stay, nor any reports that they have been asked to show the financial means to cover their stay either. 

17.3 million UK tourists visited Spain in 2023; equal to roughly 47,400 a day. 

Even though British tourists have to stand in the non-EU queue at Spanish passport control, they do not require a visa to enter Spain and the sheer number of UK holidaymakers means that they’re usually streamlined through the process, having to only quickly show their passports.

The only occasional hiccups that have arisen post-Brexit have been at the land border between Gibraltar and Spain (issued that are likely to be resolved soon), and these weren’t related to demonstrating financial means. 

Therefore, the British press are regurgitating alarmist headlines that don’t reflect any truth, but rather pander to the ‘they need us more than we need them’ mantra that gets readers clicking. 

To sum up, there is a £97 a day rule, but it is not new, it has not affected any British tourists to date, and it is not specific to Spain alone to potentially require proof of economic means. 

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