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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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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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