Spain has asked the United Kingdom (UK) to sign a deal regarding Gibraltar’s border arrangements before the European Union (EU) border changes take effect.
The goal is to finalize a long-awaited Gibraltar deal before the phased rollout of the Entry/Exit System (EES) scheduled for 2025.
The EES is an automated system that records biometric data of non-EU nationals and residents at Schengen Area entry and exit points.
It will replace the manual passport stamping and enforce Schengen rules, which limit stays for non-EU citizens to 90 days in any 180-day period.
The EES will affect all EU short-stay visa holders and non-visa travelers, including British and British Overseas Territory citizens.
Gibraltar is a British Overseas Territory that borders Spain, an EU Member Country.
Without an agreement, the EES could cause delays and restrictions for residents crossing the border.
An agreement, if reached, would help avoid disruptions for thousands who travel between Gibraltar and Spain.
Spain’s push for a Gibraltar deal
Gibraltar is an enclave at the southern tip of Spain that has been under British rule since the 18th century.
The UK’s 2016 vote to leave the EU has sparked heated discussions on enforcing immigration controls at the Gibraltar-Spain border.
Hours before Brexit, Spain, Britain, and the EU agreed that Gibraltar would stay part of EU agreements, pending a lasting solution.
This means that Gibraltar has enjoyed border-free arrangements like other Member States in the Schengen Area.
Spain has been urging the UK to sign a treaty integrating Gibraltar into the Schengen Area, allowing for smoother border crossings.
Spanish Foreign Minister José Manuel Albares has been vocal about the need for urgency.
“It’s time for the United Kingdom to say yes to a balanced and generous agreement that we have put on the table a long time ago,” Albares told Reuters.
In 2023, Spain and the UK nearly reached a deal but disagreed on the use and management of Gibraltar Airport.
A new British negotiating team took over the talks after the new Labour Government came to power in July.
However, both sides have been quiet about any progress on the Gibraltar deal since then.
EES’s implications without Gibraltar deal
The Gibraltar deal has been under negotiation for several years since Brexit left Gibraltar outside of the EU.
However, the clock is ticking as the phased EES implementation approaches in 2025.
Although unrelated to the Gibraltar agreement, Albares noted that the EES would impact thousands of people on both sides.
Without an agreement, Gibraltar residents may encounter longer waiting times due to border controls and movement restrictions into Spain.
If the UK does not sign the agreement before the EES launches, Gibraltar residents will be treated as non-EU nationals.
This means they must submit fingerprints and facial scans and be subjected to the Schengen Area’s 90/180 rule.
Currently, Gibraltar’s Red identification (ID) card holders can enter Spain without passport stamps.
However, this arrangement will likely end once the EES goes live.
This could significantly impact the thousands of daily commuters relying on quick border crossings, as well as Gibraltar’s economy.
Around 15,000 people cross the border between Gibraltar and Spain daily, including many Campo de Gibraltar workers.
The Gibraltar Government has warned residents to prepare for potential delays at the border once the EES is in effect.
The system aims for long-term efficiency at the borders. Still, initial registration and biometric checks could slow down border processing.
Transportation, travel, and tourism experts warned that delays could persist longer than the initial introduction.
This is due to the relatively untested technology and challenges in EES preparations, such as building infrastructure and staff training.
Key sticking points in the deal negotiations
Several issues still need to be solved, particularly regarding control of Gibraltar’s entry points.
Spain has insisted that its officers should be stationed at Gibraltar’s airport and port to enforce Schengen Area regulations.
The UK, however, is concerned about the implications for Gibraltar’s sovereignty.
Gibraltar’s Chief Minister Fabian Picardo has firmly believed that any deal must respect the territory’s autonomy.
“We will never surrender our British sovereignty or any part of it. For any price. For any deal. For any benefit,” he said in a September speech on Gibraltar National Day.
Picardo added, “Doing it quickly is not what matters. Doing it right is what matters.”
He reiterated that Gibraltar would rather continue without a treaty than agree to any terms compromising its sovereignty.
Despite these challenges, both sides acknowledge the importance of reaching an agreement.
Spain’s proposal includes the removal of the border fence and granting freedom of movement for people and goods.
This would benefit both Gibraltar and the surrounding Spanish region of Campo de Gibraltar.
Time running out
The upcoming border changes have far-reaching implications, not just for the residents of Gibraltar but also for the broader region.
The launch of the EES has been postponed again to allow for better preparations and a possible phased implementation in 2025.
The delay has been a welcome reprieve, but little time remains to finalize the treaty.
Both Spain and Gibraltar recognize that failure to reach an agreement will lead to significant disruptions for thousands of border crossers.
Without a Gibraltar deal in place once the EES goes live, it could also lead to potential economic consequences for both regions.
Albares stressed that Spain had been flexible in the negotiations and that the ball was now in the UK’s court.
He said it is “up to Britain to decide” whether it wants Gibraltar to join the EU or impose the EES checks on its residents.