Gibraltarian authorities have warned that Spain may impose stricter border checks if a post-Brexit deal is not finalised before new Schengen controls come into force, some eight years after the EU referendum vote.
In a technical notice, the Gibraltar government has warned locals that the new Schengen entry and exit control systems (known as EES) are expected to come into force next November, which would be "probably before a Treaty with the EU is agreed and implemented."
This comes amid renewed optimism regarding a resolution to the Rock's never-ending post-Brexit uncertainty following the election of a Labour government in London earlier in July.
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It now seems, however, that this optimism may have been premature. London, Madrid and Gibraltar have all signalled that negotiations have been reinvigorated since Labour's election victory, but if an agreement isn't found before November, border checks will likely increase.
In the note, the Gibraltar government indicates that, until Gibraltar's status within Schengen, as well its relationship with the EU, Spain and the UK is resolved in a treaty and formally comes into force, Spanish border authorities "are obliged" to treat Gibraltarians, as well as British nationals resident in Gibraltar, as third-country nationals.
This means that Gibraltarians will have to follow the incoming Schengen border control regulations as well as the European Travel Information and Authorisation System (ETIAS). In essence this means stricter border rules and checks.
Spanish border guards may also demand to know why British nationals are moving across the Schengen border.
READ ALSO: Is start date for EES biometric passport checks set to be delayed again?
The British press has also suggested that increased checks would include "a 90-day limit on visa-free travel to the EU every 180 days, and a requirement to submit their fingerprints and facial photos in automated border booths before entering Spain."
Though The Telegraph reports that negotiations have "stalled", it is unclear if they have or this is simply a question of time running out before EES rules come into force.
Spanish media, for its part, has reported that Gibraltar is "activating the countdown" until "chaos on the border with Spain" begins.
The Gibraltar government has warned it would implement its own bolstered border checks.
According to the technical note, "as the Government of Gibraltar prepares for all eventualities, including a non-negotiated outcome (NNO), the public should note that Gibraltar would, in the event of a deal with the EU not being reached, enhance its own border control infrastructure providing for the use of e-gates and automated systems which would also process biometric data as is becoming customary at borders across the globe."
Since the UK officially left the EU in 2020, Spain, the UK and Gibraltarian authorities have essentially implemented fudged border rules. This has caused confusion at times, with rules changing and some Brits even finding creative ways to bypass the rules, but generally speaking the border has remained fluid while Brexit treaty negotiations continue.
However, "should negotiations with the EU not be successfully concluded," the notice states, "holders of Gibraltar identity cards may be subjected to the same questioning at the land border with Spain, or at other entry points to the Schengen Area, as that which British citizens who are holders of Gibraltar civilian registration cards are currently being subjected to.
"The outcome of this questioning could lead to refusals of entry to Spain and the Schengen Area for those who, in the eyes of the Schengen authorities, including the Spanish authorities at the land border with Spain, do not meet the entry conditions set out in the Code."
Historically, border fluidity between Gibraltar and Spain has reflected political relations between Madrid and London.
Following Labour's landslide victory in the UK, Spain's Foreign Minister José Manuel Albares spoke with his newly appointed British counterpart, David Lammy, and the pair agreed to "work from now on" on issues including "reaching an agreement in relation to Gibraltar."
This comes amid wider signalling from London about reinvigorating relations with Europe. Lammy recently wrote in The Local that the new Labour government “will reset relations with Europe as a reliable partner, a dependable ally and a good neighbour.”
“But if we are to fulfil our ambitions for a reset,” Lammy added, “we must also improve Britain’s relationship with the European Union."
"Negotiations with respect to Gibraltar’s future relationship with the EU remain ongoing," the Gibraltar government's statement says.
Relations between Madrid and Gibraltar worsened recently when the Euro 2024 winning Spanish football team chanted 'Gibraltar es Español' (Gibraltar is Spanish) at its victory parade. The Rock's authorities and footballing body made a formal complaint.
The EES is due to go live in November 2024. However it has been postponed several times already over recent years.
The British newspaper The Independent has reported that it has been delayed again, albeit only for a few weeks, with the likely new start date Sunday, November 10th, though further delays would not be surprising.
For Gibraltarians, they will hope a deal can be made before the system is implemented and stricter checks implemented.
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