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Today, the Gibraltar border controversy could re-ignite after Spanish officials began to stamp the passports and visas of those entering Spain from the border.
Rogue Policia Nacional officers decided to ‘enforce’ the ‘Schengen code’ that currently applies to anyone entering the EU from a ‘third’ status country such as the UK, i.e. Stamping their passports.
The Gibraltar border is an exception, as thousands of Spanish workers cross the border between Spain and British Overseas Territory every day.
The post-Brexit talks between London and Madrid on the future of Rock are still ongoing. This means that the status of the border and the rules which will apply have not yet been confirmed.
Introduced passport stamping could cause hours of delays, and have a negative effect on the economies in Gibraltar as well as border towns in Spain.
This means that Gibraltarian citizens, and Spanish workers working between Gibraltar and Spain have been able to continue their free movement until the post Brexit agreement is signed.
David Barrero is now a well-known Chief Inspector at Spain’s border. He has spent months fighting the status quo and insisting his officers stamp passports for everyone who enters Spain.
On Monday, he warned in an inernal note that passport stamping would resume ‘until written instructions are received’. This was despite orders from his superiors not to stamp passports.
He said that the measure would start ‘once a reasonable amount of time has passed so that any retaliation by Gibraltar towards Spanish workers can be minimised’.
This morning, the stamping started at 10.30am. It was convenient that most Spanish workers were already in Gibraltar.
The stamping only lasted an hour as the Policia Nacional quickly intervened and told them to stop.
The force told Europa Sur that it would no longer stamp Gibraltarians’ passports ‘until there is an agreement between the UK and Spain’.
Barrero’s February 13th note is also visible by Europa Sur, he claimed he had been given ‘oral instructions to systematically fail to comply with Articles 6 and 11 of the Schengen Borders Code with Gibraltarian citizens’.
READ MORE WATCH: Spain’s ‘rogue’ border chief is under investigation for checking passports at the Gibraltar frontier while ‘drunk and out of uniform
A Government source told GBC, meanwhile, that Chief Minister Fabian Picardo had issued his own instructions for reciprocal measures to be implemented ‘within an hour of stricter checks from Spain.’
In a statement released today, the government said: “The Government knows that Spanish authorities have begun stamping passports of Gibraltarians upon entry into Spain this morning.
“The Government is aware that these actions were stopped in less than an hour, so Gibraltar did not take reciprocal action on this occasion.”
READ MORE Spain’s ‘rogue police chief’ makes formal complaint against his own bosses to force Schengen controls on Gibraltar border
Barrero, who has risen to notoriety as the ‘rogue officer’ for his war against his own superiors, complained in his note of the ‘persistent non-compliance of the Schengen code without providing a legal basis’.
The border chief, who is currently under investigation for checking passports while drunk and out of uniform, claims these oral orders come ‘under penalty of disciplinary liability for insubordination’.
He was forced to do so by his circumstances. denuncia He argued in the La Linea court against his superiors.
“As [the non-compliance] “As it was considered to be contrary to the current regulations, written instruction was requested at several occasions about the zeal with which Articles 6 & 11 should be applied to Gibraltarians,” he wrote.
“To date, I have not received a response in this regard.”
READ MORE Spain’s ‘rogue border officer’ starts stamping Gibraltar passports again: Friday afternoon timing spares Spanish workers crossing the frontier
Article 6 of the Immigration Act sets out entry requirements for nationals from third countries, such as Brits or Gibraltarians. These include valid travel documents, adequate accommodation, and enough means of subsistence.
The Schengen Agreement requires that border guards stamp passports upon entry or exit of the Schengen zone.
The stamping of passports may result in queues that are long, especially during rush hours. Gibraltarians, meanwhile, will be forced by the rule to stay 90 days or 180 days in Spain.
It comes after Barrero told the La Linea court that the border ‘fully complies’ with the Schengen Code when summoned in his complaint against his superiors.
The statement was at odds with the relaxed ‘wave through’ regime that has generally been in place as a ‘transitional arrangement’ – with the full knowledge of Brussels – since the UK left the EU in 2021.
Barrero has also warned passengers of flights diverted to Malaga from Gibraltar that they will be required to meet strict Schengen requirements upon entering Spain in order to return to the Rock.
