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BREXIT

Brexit news roundup: Visa problems, driving in Spain deadline and Gibraltar

This week we cover deadlines for UK driving licences, the end to residency application support and why UK musicians are facing problems to perform in Spain in particular after Brexit.

Brexit news roundup: Visa problems, driving in Spain deadline and Gibraltar
Noel Gallagher's High Flying Birds perform during Benicassim festival in 2015. UK musicians now face costly and complex bureaucratic problems to perform in Spain after Brexit. Photo: José Jordan/AFP

Don’t expect to watch UK indie bands live in Spain soon

The downsides of Brexit for UK music lovers in Spain recently became evident when two indie groups – Squid and Black Country – cancelled their performances in late October in Madrid, Barcelona and San Sebastián. 

According to the groups and organisers Primera Sound Tours, “bureaucratic problems derived from Brexit” are the reason for the cancellations, although attempts are being made to reschedule. 

For months, the music industry has been warning of visa problems that awaited UK bands performing in Europe. On the other hand, EU performers don’t require a visa to perform in the UK.

Most EU nations have signed bilateral agreements with the British government to alleviate the fallout of the UK leaving the bloc but unfortunately Spain, together with Croatia and Bulgaria, are the only three countries with no alternative arrangement in place.

Spain’s Ministry of Foreign Affairs has stated that “it’s true that the United Kingdom does not require a visa, but Spanish legislation does. 

“As there is no absolute equivalence between the immigration laws of Spain and those of the United Kingdom, it is therefore not always possible to apply equivalent measures”.

The visas Squid and Black Country’s band members required each cost around €400, which when you include road crew, technicians and other sound personnel, made their concerts financially unfeasible. 

Add to this the slow and complex bureaucracy that accompanies this visa process (Spain has famously lost several big Hollywood deals as a result) and it all becomes fairly unappealing, especially for smaller bands that don’t have the manpower or resources.

About the Rock

Negotiations on the situation of Gibraltar after Brexit between the European Commission (EC) and the United Kingdom began on Monday October 11th in Brussels , almost a year after Madrid and London reached a provisional agreement on the Rock.

It’s one of three planned meetings to be held between October and December held alternately in Brussels and London.

Gibraltar was not included in the trade and cooperation pact that the UK and the EU reached at the end of 2020, so a separate agreement now needs to be reached.

Spain and the United Kingdom already reached a draft agreement on New Year’s Eve of last year, allowing for free movement between the British overseas territory and much of the EU.

A dove flies past the Rock of Gibraltar near the border crossing between Spain and Gibraltar.
Will the EU and the UK be able to see eye to eye over Gibraltar’s future? Photo: Jorge Guerrero/AFP

But this depends on the deal the European Commission and the British Government reach over Gibraltar in the coming months. 

After the publication of the EC proposal in July, the British government considered it to be in conflict with the framework agreement reached with Spain on New Year’s Eve.

Gibraltar also expressed its opposition because it understood that the draft mandate left the control of its borders at the port and the airport in the hands of Spain, and not of European Frontex agents, as stated in the draft agreement reached from December 31st .

The mandate proposed by the European Commission on the other hand stated that the control and surveillance of the external borders would be carried out at the port, the airport and the waters of Gibraltar “by Spain”, not mentioning Frontex initially.

In later documents it has confirmed  that Spain “has expressed its intention to request Frontex assistance” for the control of external borders during the first four years in which the pact on the Rock is applied.

Validity of UK driving licences in Spain ends at the end of October 2021

UK driving licences will only be valid in Spain for the next couple of weeks, until October 31st. In June 2021, the Spanish government announced it would extend the validity of UK driving licences in Spain post Brexit until October 31st, 2021 rather than the previous deadline of June 30th.

If you registered your intention to exchange your licence with the DGT before December 30th 2020, then you were able to change your licence to a Spanish one. However, if you did not, you will need to follow the DGT process for non-EU nationals, which includes taking a driving test.

You can read more about it here, but as things stand there is no official announcement from either UK or Spanish authorities on a bilateral agreement or an extension of the validity deadline after October 31st 2021. 

READ ALSO – Spanish driving licence: the essential language to pass your practical test

Residency application support to finish by the end of 2021

The UK government has announced that the additional support provided by the UK Nationals Support Fund to UK nationals filling out their residency applications for Spain or trying to get a Tarjeta de Identidad de Extranjero (TIE), will end on 31st December 2021.

They say that you should contact the UK Nationals Support Fund implementing partners before this date if you require additional support. If you are already being assisted by one of their implementing partners, they will continue to help you until you have made your application. You can find out more about this here

Postal service between Spain and UK over Christmas

Christmas may still be two and half months away, but you may need to start thinking about the parcels and Christmas gifts you’re sending and receiving this year, as Brexit has changed the process slightly.  

All types of parcels – whether commercial or private – are now affected by changes to rules that came into force when the UK left the EU.

This means that it costs more to send and receive gifts between Spain and the UK. It also takes longer, and certain items are banned.

Gifts sent from the UK to the EU also need an extra customs declaration form attached, including a detailed description of what’s inside, meaning that surprise Christmas presents have gone out the window.

The EU’s strict phytosanitary rules also mean that all imports of products that come from animals are now not allowed, or need a vet certificate. This means that technically, sending a box of milk chocolates by post to Spain is now not allowed.

If you are sending a gift from Spain to the UK, import VAT typically only applies to goods whose value is over £39, or the equivalent in Euros. Customs Duty is due only if the value of goods is over £135.

READ ALSO: How Brexit will affect the postal service between Spain and the UK over Christmas

Spain starts to see benefits of post-Brexit tax-free shopping

Since the UK left the EU, British holidaymakers have been able to enjoy tax-free shopping in Spain. This is good news for Spain too who have now begun to reap the rewards of British tourists spending more on their shopping trips.

From January to September 2021, British tourists who deducted VAT spent an average €1,337 (£1,139) on their purchases, higher than any other non-EU nationality and far above the 2019 annual average of €357.

British holidaymakers and visitors to Spain can now claim back VAT of up to 21 percent on goods they buy during their trips. This applies to fashion items, cosmetics, jewellery, technology and some food and drink items, but does not apply to services. This means you can’t get VAT back on your restaurant bills, car rental, theatre tickets, flights or train tickets. 

READ ALSO: Spain starts to reap rewards of one Brexit benefit

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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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