Guido has had a look at the treaty compiled by Labour, the left-wing Gibraltarian chief minister Fabian Picardo, and the EU. Here are the worst developments summarised:
- Spanish border guards stationed inside Gibraltar: Spanish authorities will perform full Schengen border control functions at border crossing points set up at the airport and port.
- Spain can refuse entry to travellers: Spanish authorities are granted the right to refuse entry to third-country nationals (including non-EU citizens such as Britons from the UK mainland) who do not meet Schengen entry conditions.
- Spain conducts border surveillance within Gibraltar: Spanish authorities will carry out border surveillance between border crossing points inside Gibraltar, including outside fixed opening hours, to prevent people circumventing checks.
- Spain gets arrest, detention, search and seizure powers inside Gibraltar: Spanish authorities may arrest, search, detain, interview, and seize or search property of persons during the course of border control carried out at Gibraltar’s crossing points, under Spanish and EU law.
- Spain gets primacy in coercive action: Where coercive action (arrest/detention/seizure) is required based on alerts in both UK-Gibraltar and Spanish databases and can only be carried out by one authority, it defaults to the Spanish authorities. Sequencing also gives Spain the final check on exit…
- Spain can block new residence permits: Before issuing or renewing any residence permit, Gibraltar must notify Spain. Spain has 28 days (extendable to 42) to object on grounds of public policy, security, health, or international relations. If Spain objects, Gibraltar must not issue or renew the permit…
- Spain can force withdrawal of existing residence permits: Spain can request that Gibraltar withdraw an already-issued residence permit on the same grounds, and Gibraltar must comply “without delay.”
- Spain can retroactively review pre-treaty permits: Spain can run database checks on all existing permit holders at the time of entry into force and request withdrawal of any it deems a threat, which Gibraltar must carry out.
- Spain can ban individual Gibraltar residents from leaving Gibraltar: If Spain considers a person resident in Gibraltar to be a sufficiently serious threat, Spain can issue a prohibition preventing that individual from travelling to any Schengen country. Gibraltar must enforce the ban, including through police cooperation with Spain. Appeals go to a Spanish court…
- Gibraltar must provide quarterly risk assessments to Spain: Gibraltar is required to regularly (at minimum every three months) provide Spain with risk assessments on all persons resident in Gibraltar who might pose a threat.
- Spain issues short-stay visas for Gibraltar visitors: Where a third-country national’s main purpose is to stay in Gibraltar, the short-stay visa is issued by Spain, not Gibraltar.
- Spain can block emergency border visas: If Gibraltar wishes to issue a rare humanitarian visa at the border, Spain can object and Gibraltar must then refrain from issuing it.
- Spain can object to Gibraltar granting asylum: When someone applies for international protection in Gibraltar, Spain may within 14 days (extendable to 28) object.
- Advance Passenger Information transferred to Spain: Gibraltar must ensure all carriers transfer API data for flights arriving from outside the Schengen area to Spanish authorities. The same applies to Passenger Name Records, residence permit applicant data, and all permits and visas…
- EU has real-time access to Gibraltar’s customs IT systems: EU authorities are given “real time and continuous access” to all relevant IT systems used by Gibraltar’s customs authorities.
- EU can unilaterally levy VAT and excise on goods bound for Gibraltar: If the EU determines that tax-rate differentials are causing trade distortions, it can — after a 10-day consultation window — unilaterally levy VAT and excise duties on goods heading to Gibraltar at the rate applicable in the relevant Spanish customs post.
- EU safeguard mechanism over customs compliance: The EU can suspend customs provisions or impose punitive measures (increased collection costs, levy VAT/excise) unilaterally if it finds insufficient application of the rules, fraud, or smuggling — with only a 3-month consultation period before acting.
- A Spanish body assesses Gibraltar’s tax rates: A joint UK-Spain body can assess whether Gibraltar’s transaction tax and excise duty rates cause competitive distortions relative to Spanish rates, and Gibraltar must adjust its rates based on this body’s recommendations.
- EU inspection teams can enter and inspect Gibraltar infrastructure: Gibraltar must admit EU and Member State representatives and experts to visit and inspect infrastructure inside Gibraltar as part of Schengen evaluation mechanisms. EU authorities can also request joint inspection visits to Gibraltar airport to monitor compliance, and the other party “cannot refuse” such requests…
- Gibraltar must align entry conditions with EU law: Gibraltar “undertakes to align entry conditions under the law of the United Kingdom, in respect of Gibraltar, to those applicable under Union law.”
- Gibraltar must apply EU product rules: Goods may only be produced or placed on the market in Gibraltar if they comply with the relevant rules of EU law.
- Gibraltar must align with EU data protection law (GDPR): Gibraltar’s data protection regime must apply provisions equivalent to the GDPR, interpreted in conformity with CJEU case law and European Data Protection Board guidance.
- Gibraltar must implement EU civil aviation rules: Gibraltar must incorporate listed EU civil aviation regulations into its domestic regime, and when new EU aviation acts are adopted, Gibraltar has only 30 days to accept or refuse them.
- Enhanced police checks in Gibraltar: Spanish and Gibraltar authorities shall perform enhanced police checks within Gibraltar (and the Spanish contiguous zone) to prevent crime and irregular migration, which may take the form of joint operations.
All that in exchange for easier access to the EU. Guido is aware this is a long list – it is a Labour sellout after all…
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