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Date Published: 02/11/2022

ARCHIVED - Gibraltar preparing for Brexit negotiations to fail

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The Rock is asking businesses to get ready for a breakdown in post-Brexit negotiations

<span style='color:#780948'>ARCHIVED</span> - Gibraltar preparing for Brexit negotiations to fail

The Gibraltar Government has issued a technical notice with guidance for businesses and public services in preparation for a “no negotiated outcome” (NNO) with Spain on the future of the Rock’s withdrawal from the European Union.

With this latest move, Gibraltar is continuing to lay the groundwork for the worst-case scenario in the event of a failure of the negotiations between the EU and the UK to regulate the post-Brexit status of the British Overseas Territory in southern Spain.

Specifically, they are warning that a ‘no deal’ outcome would mean tighter controls at the Spain-Gibraltar border for ordinary citizen travellers and for professional freight companies.

They are also preparing for possible difficulties in the disposal of garbage waste from the Rock into Spain, but they do consider that the provision of financial and online gambling services for the British market and Gibraltar’s air links with the UK and Morocco would already be protected in the event of a no deal.

Talks have been going on between the European Union and the UK to decide on Gibraltar’s future status within the EU since 11 October 2021 and have so far gone through nine rounds of negotiations.

It is widely believed that the Spanish are pushing in the negotiations for joint sovereignty with the British over Gibraltar, and this latest warning of a no deal is a reflection of the UK’s unwillingness to bend on that: “Given that neither the UK nor Gibraltar could accept an agreement that would sacrifice fundamental aspects or jeopardise Gibraltar’s future prosperity, we must be prepared to walk away from the negotiation,” reads the technical notice.

What would happen in Gibraltar if negotiations fail?

1. Movement of people

The technical notice stresses that if there is no agreement, checks at the border would become systematic and exhaustive for all persons with the logical consequence of long delays, especially at peak times, due to electronic passport scanning and stamping, as well as possible checks on the number of days spent in the Schengen area.

Read more: Gibraltar man kicked out of Spain under post-Brexit rules

The notice recognises that although there are initiatives to improve the infrastructure on the Gibraltar side, the management of the crossing on the Spanish side is “beyond the control of the Government of Gibraltar”.

The Government says it has a detailed traffic management plan in place to potentially improve border infrastructure if there is no deal. However, it warns that such delays are expected to disrupt businesses that employ many cross-border workers or if their business relies on visitors to the Rock, and proposes the establishment of staggered shifts so that not all staff would have to cross from Spain into Gibraltar at peak times or the use of more flexible working hours.

In the case of essential public services, such as health services provided by cross-border workers like nurses, paramedics and doctors, the Gibraltar government reassures that it has an accommodation plan in place to provide housing for medical professionals and ensure sufficient staffing for key services.

2. Movement of goods

The only post-Brexit change for the import of goods into Gibraltar is for British animal products. If they come from the UK via the EU customs territory, from 1 January, 2021, they are cleared at the Border Control Post at the Port of Algeciras and enter the Rock via ferries.

Gibraltar therefore considers that in this respect it is already operating as if there were no agreement and no changes to these procedures are foreseen.

3. Road freight and passenger transport

In the event that there is no agreement, and in the absence of any other agreement or extension of international conventions to Gibraltar, holders of Gibraltar licences issued to road haulage operators and bus and coach operators would lose the right to operate in Spain or the EU.

“Companies are asked to prepare accordingly, including by taking steps to ensure that operations carried out on EU territory are carried out by duly licensed operators,” the technical note warns.

4. Waste disposal

The technical note assures that Gibraltarian operators maintain their legal capacity to ship waste to facilities in Spain in accordance with the provisions of the Basel Convention and other transnational treaties. However, while Gibraltar is confident this right will be protected even if there is no deal, they are also preparing to increase their own waste storage capacity and have introduced a shredder, baler and wrapper to compact the waste so that it takes up less space.

5. Aviation

Flights between Gibraltar and the UK and flights between Gibraltar and Morocco will not be affected.

6. Financial services and online gambling

The Gibraltar Government recognises that financial services and online gambling are “the two sectors that contribute most to Gibraltar’s service economy”, which is why it has already secured “specific and guaranteed access to the UK market following its exit from the EU… These agreements are impervious to a non-negotiated outcome.”

You may also like: UK Ambassador to Spain on Gibraltar, driving licences and King Charles

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