Gibraltar: Morton discusses priorities in post-Brexit relations

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The Rock’s Government has released a ‘Guidance to Citizens’ booklet which outlines plans for the future of the British Overseas Territory if the UK and EU fail to reach an agreement after Brexit. Signed off by Chief Minister Fabian Picardo and Deputy Chief Minister Joseph Garcia, they said: “The Government remains committed to the framework agreement concluded together with the United Kingdom and Spain as the way forward.

“However, since the UK or Gibraltar would never accept an agreement which would sacrifice fundamentals or put Gibraltar’s future prosperity in jeopardy, we must also be ready to walk away.

“Therefore we must plan for an agreement and for no agreement at the same time.

“This means that we all have a duty to prepare Gibraltar for the possibility of a ‘Non-Negotiated Outcome’ (NNO).”

The booklet covers areas like passports and travel documents, cross-border healthcare, trade in goods, driving, movement of goods,social security, telecommunications and mobile roaming.

But it warns: “It is of fundamental importance for citizens, on the basis of the guidance provided, to prepare themselves for the possibility of NNO.

“This will mitigate the consequences of not being able to agree a treaty to the greatest extent possible.

“It will clearly be impossible to mitigate those effects completely because in many cases the new situation will simply reflect life outside the EU.

“In many areas, given that an agreement with the EU is not yet in place, Gibraltar has already adapted to this new situation and is already operating in the legal framework which would apply in a NNO.”

While frontier workers who live in Spain and work in Gibraltar are encouraged to “discuss any anticipated difficulties with employers in advance so that the effect of any delays can be mitigated to the maximum extent possible”.

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The UK and the EU have been in discussions since October over the border relation with Spain, something which was only agreed in principle upon the UK’s withdrawal from the bloc.

Spain and the UK struck a last-minute deal at the end of 2020 to avoid a hard border between the European nation and the sovereign territory.The deal allowed Gibraltar to become part of the Schengen area, and paved the way for the demolition of a 1.2km fence between the territory by moving border checks to Gibraltar’s port and airport.

However, the agreement was not legally binding, and so negotiations for a permanent treaty began last year.

The EU proposed that for the next four years, the European Border and Coast Guard Agency – or “Frontex” – would control the border during a transitional period of four years.

It could then be decided whether to make it a permanent arrangement.

The UK has refused to allow Spanish National Police and Civil Guard control the border with Gibraltar as it would be “an attack on the sovereignty” of the UK.

The proposal also concerned Spanish security forces, who saw it as a concession on their sovereignty.Double border control with both Spanish and Gibraltarian checks could not be ruled out.

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