Gibraltar is in the middle of a dispute to try to loosen border restrictions with Spain. Most people will agree that, sadly for Gibraltar, leaving the EU with the UK has had a negative impact on free travel in and out of Gibraltar.
Moving back to the UK isn’t as easy as asking nicely, and it’s unlikely that Gibraltar will rejoin the EU. Negotiations have, however, been underway for years for Gibraltar to become part of the Schengen agreement, but nothing has really happened since March 2023. That’s almost two years of deadlock.
Still, Gibraltar is fighting to at least loosen the border controls with neighbouring Spain. Read on to learn why and understand how the negotiations are going.
What Gibraltar Wants
Gibraltar’s principal aim is straightforward: curb the negative impact of the border control measures that have become more severe after Brexit. Inhabitants of Gibraltar, who refer to their homeland as ‘The Rock,’ have always been British territory citizens with close social and economic associations to Spain.
About 15,000 border crossers depend on this connection for their daily commute to work. Due to stricter border control, commuting has become increasingly difficult.
Gibraltar has attempted to create some level of fluidity at the border since it left the EU. Its government would ideally want it to be part of the Schengen Area to secure free movement between Gibraltar and Spain, but it is not that straightforward. Any form of agreement necessitates Spain and EU negotiations, which, especially recently, seem to be taking longer than usual, roughly two years and counting.
Although Gibraltar is specific about retaining its sovereignty, the government has shown some willingness to adopt certain EU rules and regulations. For example, Gibraltar’s head authorities suggested that Spanish officials stationed at the entrance of Gibraltar’s ports and airports could supervise Schengen border compliance. The EU border agency, Frontex, would then take charge.
Why the Border is Restricted
Since Brexit, Gibraltar has functioned like a non-EU country. That means no more free mobility. Since Spain is a part of the EU and the Schengen Area, it has to apply the Union’s standard policies of border checks to all entrance points, Gibraltar included. Passport checks, customs checks, and many other tedious processes are standard.
It is not passports that create the burden. Dependable borders are essential for business activity on both sides. Delayed borders hurt the economies on both sides. Despite these facts, Spain remains strict with enforcing more controls, quoting EU regulations.
It doesn’t help that the European Union plans to introduce an automatic entry-exit monitoring system within the Schengen Area. This new automated system is designed to read and record information for non-EU citizens who enter and exit the Schengen Area. If Gibraltar opts out of Schengen, then borders will be harsher. Every person, including people living nearby, will experience lengthy biometric processes.
But, to put it simply, Brexit is the reason the borders are so restricted.
What Spain Wants
Spain’s position is dominated by its enduring controversy with Gibraltar. Although Madrid has relaxed its position recently, it still wants more control over border management. Spain has advocated for officials to directly access Gibraltar’s port and airport, which the Gibraltarian administration views as a deal breaker.
For Spain, any agreement must guarantee that Gibraltar does not turn into a door opened to the Schengen zone. The EU requires strict border control in any region as the boundary for customs and immigration. Madrid has joined in this argument and claimed that Gibraltar would serve as a gateway for illegal immigration and tax evasion without Spain governing it.
Spain recognises the reverse dependency economy of Gibraltar and its surrounding region.
The Spanish governing body wants to propose a compromise that involves free movement but still insists on regulatory control.
What’s Likely to Happen
Most likely, nothing.
With little progress being made, the near future does not look promising. Gibraltar and Britain continue negotiating for a deal that would retain sovereignty, but Spain appears unwilling to compromise on the important details. With the EES expected to commence shortly, a resolution is needed quickly.
Without a deal, the border check procedures will become even more difficult. The UK government has provided assurances to Gibraltar that it would not consent to a deal that undermines its territorial integrity.
Still, if you’re from the UK and want to move to Gibraltar, that’s not difficult. Gibraltar is British-run, everything from the Gibraltar taxation system to the way of life feels similar.
A possible compromise solution would be to allow Frontex to take over some aspects of the border control to Gibraltar so the border would be in Spanish, but Frontex would administer it.
With slow or no progress being made, negotiations often follow one another. The Rock is working hard to ensure a deal that open borders and creates a strong economy.
