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When the UK departed from the European Union, Gibraltar was not included in the Brexit agreement, and although the territory has always had a land border with Spain, the local government maintains that it wants to remain part of the Schengen zone. This would of course be of a huge benefit to the thousands of people who cross over the border each day for work and leisure, and are delayed by frontier controls but does create a complex point for the negotiators now attempting to resolve the framework deal provisionally agreed in order to permit Brexit to go ahead in December.

 

Sovereignty of Gibraltar has been disputed by Spain and the UK for centuries and in recent years the attitude of the Spanish government towards the border held with Gibraltar has varied depending on the government in power; the PP always aggressively upholding Spanish "rights" to the territory and exerting authority over the border when a dispute arose, and the current PSOE government which has adopted a more conciliatory approach and was derided for missing the opportunity to regain the territory for Spain by not adopting a more aggressive response during the Brexit negotiations.

 

If Spain were to decide to be awkward, it could significantly complicate life for all those working in Gibraltar and living on the Spanish mainland, who must cross the border between the two countries on a daily basis, but this is clearly in the interest of no-one given the economic interchange between the two countries.

 

Now that the period of grace for implementation of post-Brexit measures has ended, a final agreement must be reached, but the first draft negotiating mandate proposed by Brussels has raised British hackles.

 

The EU’s proposal has to be endorsed by all 27 member states who can propose modifications to the text. For their part, Spanish officials have expressed their desire to reach an agreement with London over Gibraltar before the end of the year.

 

The opening talks in Brussels on Tuesday, July 20 got off to a rocky start as the United Kingdom warned that it is not prepared to accept the European Commission’s proposal to eliminate the physical checks and controls of people and goods at the land border between Spain and Gibraltar and keeping the Rock out of the Schengen area, while leaving the control and surveillance under the control of Spain.

 

“The Spanish border guards would have all the necessary powers to carry out border controls and surveillance and comply with the consequent obligations, including denials of entry,” the document produced by Brussels reads.

 

It also gives exclusive rights to Spain to grant or refuse short-term visas for Gibraltar.

 

UK foreign secretary Dominic Raab accused the EU of backtracking on the temporary agreement reached between London and Madrid on December 31 under which the British colony would become part of the Schengen area and have border controls only at the airport and the port.

 

The British government has expressed concerns that Spain is pushing for more control by installing Spanish officials to carry out border checks, and has instead suggested that the EU border agency Frontex take control of the situation. Handing over the responsibility to Spanish authorities "undermines the sovereignty of the United Kingdom over Gibraltar and cannot be the basis for negotiations," Mr Raab insisted.

 

The European Commission said the proposed negotiating directives "put forward solutions to remove physical checks and controls on persons and goods" at the border between Spain and Gibraltar.

"It is without prejudice to the issues of sovereignty and jurisdiction, and focuses on cooperation in the region," they added.

The mandate includes rules for establishing responsibility for asylum, visas, residence permits and police cooperation and information exchange.

The EU's post-Brexit negotiator, Maros Sefcovic, said its proposals seek to make a "positive impact" on those living either side of the border with Spain while protecting the single market.

"By putting forward this draft mandate, we are honouring the political commitment we made to Spain to start the negotiations of a separate agreement between the EU and the UK on Gibraltar.

"This is a detailed mandate, which aims to have a positive impact for those living and working on either side of the border between Spain and Gibraltar, while protecting the integrity of the Schengen Area and the single market."

 

Officials in Gibraltar are less than pleased with the EU proposal, arguing that the proposed framework does not serve as a basis for agreement given that the official document doesn’t guarantee a commitment that Frontex staff will man the borders.

 

Both the UK and Gibraltar have expressed disappointment that the EU mandate has strayed so far from the Framework Agreement reached in December last year, with Britain in particular making it "very clear" that it is not an option to allow Spain to control its border.

 

In a statement, the British foreign secretary said: "We have consistently showed pragmatism and flexibility in the search for arrangements that work for all sides, and we are disappointed that this has not been reciprocated. We urge the EU to think again."